AMERICAN  HISTORICAL  ASSOCIATION. 


PARLIAMENTARY  GOVERNMENT  IN  CANADA-A  CON- 
STITUTIONAL AND  HISTORICAL  STUDY. 


BY 


J.  G.  BOUEIXOT,  C.M.G.,  LL.D.,  D.O.L., 

Of  Ottawa,  Canada. 


iVrom  the  Annual  Report  of  f  e  American  Historical  Association  for  1891,  pages  309-407.) 


WASHINGTON : 
CO\?iaiNMENT   PRINTI^a   OFFICE. 

1892. 


AMERICAN  HISTORICAL  ASSOCIATION. 


PARLIAMENTARY  GOVERNMEiNT  IN  CANADA-A  CON- 
STITUTIONAL AND  HISTORICAL  STUDY. 


BY 


J.  G.  BOURINOT,  C.M.G.,  LL.D.,  D.O.L., 

Of  Ottawa,  Canada. 


(From  the  Annual  Report  of  the  American  Historical  Association  for  1891,  pages  30S-407.) 


WASHINGTON : 

GOVERNMENT   PRINTING   OFFICE. 
1892. 


XL  A2 

12  1  3i 


15 


r*  c 


XVIL-PARLIAMENTARY  GOVERNMENT  IN  CANADA-A  CON- 
STITUTIONAL AND  HISTORICAL  STUDY. 


3Y  J.  G.  BOURINOT,  C.M.G,,  LLD.,  D.C.L,  OF  OTTAWA, 

Canada, 


I.— ORIGIN  AND    DEVELOPMENT    OF    RESPONSIBLE    GOVERN- 
MENT IN  CANADA. 
XL— CONSTITUTIONAL  PRINCIPLES  AND  METHODS  OF  RESPON- 
SIBLE GOVERNMENT  IN  CANADA. 
IIL—PARLIAMENTARY    GOVERNMENT    COMPARED    WITH    CON- 
GRESSIONAL GOVERNMENT. 
APPENDIX.— BIBLIOGRAPHICAL  AND  CRITICAL  NOTES. 


309 


PREFATORY  NOTE. 


In  this  series  of  three  pnpers  the  writer  lias  attempted  to 
give,  first,  a  historieal  review  of  the  evohition  and  effect  of 
responsible  or  parliamentary  government  in  the  I^ominion  of 
Canada;  next  a  summary  of  the  constitutional  methods  and 
principles  of  that  government;  and  thirdly,  a  comparison  be- 
tween the  leading  features  of  the  Canadian  and  the  United 
States  systems.  He  has  not  pretended — for  it  does  not  fall 
within  the  legitimate  scope  of  the  monograph — to  discuss  the 
federal  system  of  Canada.  That  has  been  already  attempted  by 
the  author  in  one  of  the  Historical  and  Political  Studies  of  the 
Johns  Hopkins  University,  to-  which  the  j^resent  essays  may 
be  considered  in  a  measure  supplementary. 

House  of  Commons,  Ottawa, 


December  27,  1891. 


310 


PARLIAMENTARY  GOVERNMENT  IN  CANADA.     A  CONSTITU- 
TIONAL AND  HISTORICAL  STUDY. 


By  John  Geougk  Boitkinot,  C.M.G.,  LL.D.,  D.C.L.,  of  Ottawa,  Canada. 


I. — ORIGIN    AND    DEVELOPMENT    OF    RESPONSIBLE   GOVERN- 
MENT IN  CANADA. 

The  eonstitutioii  of  Canada  is  not  a  purely  artiticial  scheme 
of  government,  but,  like  that  of  England,  is  a  systematical 
"  balance  of  social  and  political  forces  which  is  a  natural  out- 
come of  its  history  and  development."*  Responsible  govern- 
ment is  but  another  phrase  for  parliamentary  government.  It 
has  happened  in  the  history  of  Canada,  as  in  that  of  the  i)arent 
state,  the  principles  which  lie  at  the  basis  of  the  system  were 
not  formulated  and  adopted  in  a  day  or  a  week,  but  were 
slowly  evolved  as  the  natural  sequence  of  representative 
institutions.  We  do  not  lind  in  any  of  the  statutes  which 
liave  emanated  from  the  Imperial  Parliament,  as  the  central 
legislature  of  the  whole  Empire,  any  express  or  authoritative 
enunciation  of  the  principle,  or  any  enactment  of  rules  of  law 
which  should  govern  the  formation  of  a  cabinet.  It  is  true  the 
British  North  America  act  of  18G7,t  which  is  the  fundamental 
law^  of  the  Dominion  as  a  federation,  contains  a  vague  state- 
ment in  the  preamble  that  the  provinces  "  expressed  their 
desire  to  be  federally  united  into  one  Dominion  with  a  constitu- 
tion similar  in  principle  to  that  of  the  United  Kingdom."  Else- 
where in  the  act  there  are  provisions  for  vesting  the  executive 
authority  and  government  in  the  Queen,  and  for  the  appoint- 
ment of  a  privy  council  to  aid  and  advise  the  governor-general 


*  See  Greeu,  "  History  of  the  English  People,"  vol.  iv,  p.  232. 
t  Imp.  Stat.,  30-31  Vict.,  chap.  3. 

311 


312  AMKUICAX    HISTORICAL   ASSOCIATION. 

i>l'  Canada,  and  idso  lor  the  nppointnu'iit  of  a  Ii<'utonant  gov 
ernor  and  an  executive  council  in  the  several  proviiu-es;  hut 
as  respects  tlieii-  resj»ective  powers  an<l  tii!U'tii>ns,  there  is 
nothing"  authoritative  in  our  written  constitution  to  confer  upon 
a  cabinet  tlie  great  responsibilities^  which  it  possesses  as  the 
chief  executive  and  administrative  body  <>f  the  Dtuninion  and 
of  each  province  by  virtue  of  it  possessing  tiie  conlideiu'e  of 
the  respective  legislatures.  In  Canada  that  great  body  of 
mr.ritten  (Muiventions,  usages,  and  understandings  which  have 
in  the  course  of  tinu?  grown  n\)  in  the  practical  working  of  the 
English  constitution  form  as  important  a  part  of  the  political 
system  of  Canada  as  the  fundamental  law  itself  which  governs 
the  federation.  I>y  ignoring  this  fact,  as  I  have  attempted  to 
show  on  a  previcms  occasion,*  an  eminent  English  i)ublicist, 
Mr.  A.  V.  Dicey,  Viiieriaii  professor  of  English  law  in  the 
University  of  Oxford,  has  fallen  into  the  error  of  describing 
the  preand)le  of  the  British  North  America  act  of  18G7  as  a 
piece  of  "  otticial  niendacity.""'t  This  systeni  of  responsible 
government  preceded  the  establishment  of  the  Dominion  by  a 
(juarter  of  a  century,  and  was  adojjted  or  rather  continued 
asindisj)ensable  tothe  efficient  administration  and  harmonious 
oi^eration  of  the  government,  not  only  of  the  confederation  as  a 
whole  but  of  its  provincial  entities  respectively.  Its  history 
must  be  traced  through  the  various  dispatches  of  the  secre 
taries  of  state,  the  instructions  to  the  governors  general  and 
lieutenant  governors,  and  in  the  journals  and  debates  of  the 
legislative  bodies  of  the  ])rovinces  for  half  a  century  past. 

Parliamentary  institutions  in  any  shape  were  unknown  to 
Canada  under  the  French  regime,  w^hich  lasted  from  1608  to 
1759.  Its  government  during  that  period  was  in  the  hands  of 
a  governor,  an  intendant  or  minister  of  finance  and  police,  and 
a  council  which  possessed  executive  and  judicial  powers.  Its 
functions  and  authority  were  carefully  defined  and  restrained 
by  the  decrees  and  instructions  of  the  French  king,  in  con 
formity  with  the  principle  of  centralization  and  absolutism  that 
was  the  dominant  feature  of  French  government  until  the  revo 
lution.  It  was  a  paternal  government,  which  regulated  all  the 
political,  social,  and  even  religious  affairs  of  the  country,  for 
the  Eoman  Catholic  bishop  made  himself  all-influential  in  coun 

*  "Canadian  Studies  in  Comparative  Politics,"  p.  20. 
t  "  The  Law  of  the  Constitution  ''  (3d  ed.),  p.  155. 


PARIJAMKNTARY  GOVERNMENT  IN  CANADA — BOITRINOT.    313 

<'il  and  the  people  were  practically  mere  automattms  to  be  di- 
reet«Ml  and  moved  a«*e(>rdin.i;  to  tlu'  kinji'a  s<»verei;;ri  will.  When 
New  France  beeanie  a  possession  of  l'n;;land  and  the  (juestiou 
arose  how  it  was  to  be  governed,  provision  was  made  in  j;eu- 
eral  terms  for  the  establishnuMit  of  repres<'ntative  institutions 
as  in  the  old  English  colonies.  The  proclamation  of  (Jeorgo 
III,  which  was  issued  in  17<>;» — a  severely  criticist'd  document 
on  a<M'ount  of  its  want  of  clearness* — cpiite  naturally  gave  ex- 
pression to  the  English  idea  that  a  representative  system  in 
some  form  oi'  other  was  a  natural  consequence  of  British  rule. 
♦•  lu  the  old  fcolonialj  system,"  says  Prof.  Seeley,t  "assemblies 
were  not  formally  instituted,  but  grew  up  of  themselves  be- 
cause it  wns  the  nature  of  F^nglishmen  to  assemble.  Thus  the 
old  historian  of  the  colonies,  Hutchinson,  writes  under  the 
year  UJIO  [twelve  years  after  the  fcmndation  of  Jamestown 
and  eleven  years  later  than  Champlain's  arrival  at  (^ucbecj  : 
'  This  year  a  house  of  burgesses  broke  ont  in  Virginia.' ''  But 
the  Frenchmen  of  Canada  knew  nothing  of  those  institutions, 
so  familiar  and  natural  to  Englishmen  from  the  earliest  days  of 
their  history,  and  even  if  they  had  been  disposed  to  elect  a  repre 
sentative  house,  the  fact  that  all  were  Koman  Catholics  and 
still  subject  to  certain  political  disabilities,  f  stood  in  the  way  of 
such  a  result.  Then  a  few  years  later  followed  the  Quebec  act 
which  removed  these  disabilities  and  established  a  system  of 
government  which  restored  the  civil  lawof  Fren:;h  Canada — if, 
indeed,  ithad  ever  been  legally  taken  away — and  gave  the  people 
a  legislative  council  nominated  by  the  Crown.  In  accordance 
with  his  instructions  the  governor  also  appointed  a  privy  coun- 
cil to  assist  him  in  the  administration  of  public  affairs.  Whilst 
the  English  settlers  of  Canada,  then  enlarged  in  area  so  as  to 
include  the  present  northwest  of  the  United  States,  received 
with  dismay  and  dissatisfaction  a  form  of  government  Mhich 
made  French  law  prevail  in  civil  matters  and  prevented  th»; 
meeting  of  a  legislative  assembly,  the  French  Canadians  were 
naturally  satisfied  with  the  guarantees  given  them  for  the  per- 
petuation of  their  old  institutions,  and,  ignorant  of  an  English 
representative  system,  accepted  gratefully  one  which  was  far 
more  liberal  than  that  under  which  they  had  been  so  long  gov- 
erned.    Fourteen  years  later  the  Imperial  Parliament  again  in- 

*Bouriuot,  "Manual  of  Constitutional  History  of  Canada,"  p.  9,  note. 

t  '*  Expansion  of  England,"  p.  67. 

t  The  proclamation  obliged  tbem  to  take  a  test  oath.  —  — 


314  AMERICAN    HISTUKICAL    ASSOCIATION. 

torfeied  in  Canadian  matters  and  passed  the  "■  constitutional 
act"  of  1791,  which  c(»nstituted  the  two  provinces  oi"  Upper 
Canada  and  Lower  Canada  and,  by  separatinjif  the  English 
from  the  French  Canadians,  gave  French  Canada  remarkable 
oi)portanities  for  establishing  her  language,  civil  law,  and  other 
institutions  on  a  permanent  basis.  By  the  beginning  of  the 
present  century,  there  were  representative  institutions  in  the 
live  i»rovinces  of  Upper  Canada,  Lower  Canada,  JS'ew  Bruns- 
wick, Nova  Scotia,  and  Prince  Edward  Island.  It  was  asserted 
authoritatively  that  the  object  of  the  imperial  government  was 
to  give  the  colonial  peo])les  a  system  as  like  as  possible  to  that 
of  England.  One  lieutenaiit-goveruor*  called  it  ''  an  image 
and  transcript  of  the  British  constitution."  So  far  as  having 
a  permanent  head  of  the  executive  and  a  council  to  advise  the 
governors  and  a  legislature  composed  of  two  houses,  there  was 
a  similarity  between  the  English  and  Canadian  constitutions. 
The  essential  ditferences,  however,  lay  in  the  absence  of  any 
lesponsibilit}'^  on  the  part  of  the  executive  councils  to  the  iieo- 
ple's  assemblies  and  to  tlie  little  or  no  control  allowed  to  the 
latter  over  the  revenues,  exi)enditures,  and  taxation  of  the 
country.  It  would  have  been  more  correct  to  state  that  the 
Canadian  system  of  those  early  times  bore  a  likeness  to  the 
old  colonial  system  in  its  latest  phases  when  the  crown-ap- 
pointed governcus  wee  constantly  in  collision  with  tiie  reiire- 
sentative  bodies.t  As  a  rule,  in  all  the  old  colonies  there  had 
been  a  legislature  of  a  bicameral  character  and  certain  coun- 
cillors who  were  practically  advisers  of  the  governors.  ITp  to 
1838,  when  the  constitution  of  Lower  Canada  was  suspended 
on  account  of  political  difficulties,  the  government  of  the  prov- 
inces was  administered  by  the  following  authorities,  their  power 
being,  generally  speaking,  in  the  order  I  have  given  them  : 

A  secretary  of  state  in  England,  who  had  the  supervision  of 
the  colonial  governments. 

A  governor-general  of  Canada,  and  lieuteimnt- governors  in 
the  other  provinces,  the  latter  being  practically  independent  of 

*  Lientenant-Goveriior  Simcoe,  in  closing  the  iirst  session  of  the  legis- 
lature of  Upper  Canada.  See  Bonrinot,  "  Manual  of  Constitutional  His- 
tory," p.  25,  note. 

t  Writing  of  the  perpetual  antagonism  between  the  legislative  bodies 
and  the  royal  governors,  Fiske  says  ("Civil  (Jovemment  in  the  United 
States,"  p.  (>6)  that  it  "  was  an  excellent  schooling  in  political  liberty,"  a 
remark  quite  applicable  to  Canada. 


PARLIAMENTARY  GOVERNMENT  IN  CANADA liOURINOT.    315 

llie  former,  and  acting  directly  under  inii)crial  instructions  and 
conimissions. 

An  executive  council,  ai)i).)intcd  by  the  foregoing  officials 
and  owing  responsibility  to  them  alone. 

A  legislative  council,  composed  for  the  most  part  of  execu- 
tive councillors  appointed  for  life  by  the  crown,  that  is  to  say, 
juactically  by  the  governors. 

A  legislative  assembly,  elected  by  the  people  on  a  restricted 
franchise,  claiming  but  exeicising  little  or  no  control  over  the 
government  and  finances  of  the  provinces. 

In  the  i)rovinces  by  the  sea  there  was  no  formal  di\nsion  be- 
tween the  executive  and  legislative  councils  as  in  the  uj)per 
l^rovinces,  but  the  legislative  council  exercised  at  once  legisla- 
tive and  executive  functions.  The  governing  body  in  all  the 
provinces  was  the  legislative  council  which  was  entirely  out 
of  sympathy  with  the  great  body  of  the  people,  and  with  their 
immediate  representatives  in  the  assembly,  since  it  held  its 
position  by  the  exercise  of  the  prerogative  of  the  crown,  and 
Ijossessed  a  controlling  influence  with  the  governors,  not  only 
by  virtue  of  its  mode  of  appointment,  but  from  the  fa(;t  that  its 
most  influential  members  were  also  executive  councillors.*  in 
the  contest  that  eventually  arose  in  the  working  out  of  this 
political  system  between  the  governors  and  the;  assemblies  for 
the  control  of  the  revenues  and  expenditures,  and  tlu^  inde- 
jjendence  of  the  judiciary,  and  other  questions  vitally  aflectiug 
the  freedom  and  efliciency  of  government,  the  legislative  coun- 
cil in  every  province  was  arrayed  as  a  unit  on  the  side  of  j)re- 
rogative,  and  at  one  time  or  other  opposed  every  measure  and 
principle  in  the  direction  of  wider  political  liberty.  It  is  easy, 
then,  to  understand  that  in  all  the  provinces,  and  especially  in 
Lower  Canada  to  the  very  day  of  I'apineau's  outbreak,  the 
efforts  of  the  poi)ular  leaders  were  chiefly  directed  to  break 
down  the  power  of  the  legislative  ccmncil  and  obtain  a  change 
in  its  constitution  from  the  imperial  authorities.     The  famous 

*  This  system  was  modeled  on  that  of  a  number  of  the  ohl  colonies.  ' '  The 
governor  always  had  a  council  to  advise  with  him  and  assist  him  in  his 
executive  duties,  in  imitation  of  the  king's  privy  council  in  Enghuul,  but 
in  nearly  all  the  colonies  this  council  took  part  in  the  work  of  legislation, 
and  thus  sat  as  an  upper  house,  with  more  or  less  power  of  reviewin,;;,  and 
amending  the  acts  of  the  assembly."  Fiske,  "Civil  Government  in  the 
United  States,"  p.  155.  The  systen.  was  in  operation  in  the  royal  pr<»vin- 
cial  cohmies,  to  which  class  Nova  Scotia  also  belonged.  See  Scott,  "  De- 
velopment of  Constitutional  Liberty,"  j-p.  35,  36. 


316  AMERICAN   HISTORICAL    ASSOCIATION. 

ninety-two  resolutions  of  1834,  which  embodied  in  enipliatic 
phrases  the  grievances  of  the  poi)ulai'  majority  of  French  Can- 
ada, do  not  directly  or  indirectly  refer  to  the  P]nglish  system 
of  having  in  parliament  a  set  of  ministers  responsible  to  and 
dependent  on  the  majority  of  the  i)opular  house,  but  make  a 
lierce  onslaught  on  the  upper  chamber.  Even  in  the  provinces 
of  Nova  Scotia  and  New  Brunswick  the  opinion  of  the  leaders  of 
the  popular  body  appears  to  have  hesitated  for  a  while  between 
a  change  in  the  constitution  of  the  legislative  council  and  the 
creation  of  a  responsible  ministry.  A  set  of  resolutions  which 
were  passed  as  late  as  18.37  by  the  assembly  of  Nova  Scotia  on 
the  motion  of  Mr.  Howe,  confessedly  the  ablest  and  most  elo- 
quent exjiouent  of  responsible  government  in  British  North 
America,  were  aimed  against  the  legislative  council  "  combin- 
ing legislative,  judicial,  and  executive  powers,  holding  their 
seats  for  life,  and  treating  with  contempt  or  indifference  the 
wishes  of  the  people  and  the  representations  of  the  Com- 
mons," and  concluded  with  the  proposition  that,  "as  a  rem- 
edy for  the  grievances  his  Majesty  be  implored  to  take  such 
steps  either  by  granting  an  elective  legislative  council  or 
by  such  other  reconstruction  of  the  local  government  as  will 
insure  responsibility  to  the  Commons.*  No  doubt  none  of 
the  x>ublic  men  of  Canada  in  those  days  comprehended  more 
clearly  than  Mr.  Howe,  as  the  discussion  on  the  political  sys 
tem  then  in  v  »gue  proceeded,  the  true  scope  and  meaning  of 
responsible  government  and  that  no  mere  compromise  w^ould 
meet  the  crucial  ditiiculty.  He  like  others  eventuall}'  recog- 
nized the  fact  it  was  only  by  the  adoption  of  the  English  sys- 
tem in  its  entirety  that  the  i^ublic  grievances  could  be  redressed 
and  the  constant  strain  on  the  public  mind  removed.  In  Upper 
Canada,  also  settled  by  Englishmen  imbued  with  the  spirit  of 
F]nglish  institutions,  public  men  gradually  found  that,  unless 
the  executive  and  legislative  branches  were  brought  into  har 
mony  by  the  adoption  of  such  principles  as  had  been  broadly 
laid  down  after  the  revolution  of  1()<S8,  and  had  been  developing 
themselves  in  England  ever  since,  no  mere  change  in  one  branch 
of  the  legislature  would  suffice.  Even  as  early  as  1829,  Mr. 
Stanley,  afterwards  the  Earl  of  Derby,  and  father  of  the  present 
governor-general  of  Canada,  presented  a  petition  from  several 
thousand  inhabitants  of  Toronto,  praying  that  the  judges  might 

■^  Howe,  "  Speeches aud  Public  Letters"  (Bostou  aud  Halifax,  N.  S.,  1858), 
Vol.  I,  pp.  93-96. 


PARLIAMENTARY  GOVERNMENT  IN  CANADA BOURINOT.    317 

be  placed  on  the  same  indepondent  tenure  that  they  occupied 
in  England,  and  expressing  the  hope  "  that  they  might  have  a 
stable  and  responsible  administration."* 

Of  course,  when  we  look  back  nt  the  history  of  this  question 
we  should  bear  in  mind  that  responsible  government,  as  Canu- 
dians  now  i)ossess  it,  was  necessarily  a  consequence  of  the 
I)olitical  development  of  the  peoi>le.  In  171>2  the  i^eople  of 
French  Canada  were  certainly  not  ripe  for  such  a  system,  and 
the  British  Government  might  well  hesitate  before  intrusting 
so  large  a  measure  of  freedom  to  a  French  Canadian  mn^ority 
without  experience  of  parliamentary  government.  But  it  could 
not  have  been  a  question  at  all  under  consideration  in  those 
days.  Canadian  writers  entirely  ignore  the  fact  that  the  svs- 
tem  had  been  only  working  itself  out  under  many  difficulties 
since  1688,  and  was  not  yet  perfectly  well  understood  even  in 
the  parent  state,  and  certainly  not  by  the  i)eople  at  large. 
Even  writers  like  De  Lolme  and  Blackstone,  whose  works  were 
published  a  few  years  before  1702,  never  devoted  even  a  foot- 
note to  a  responsible  cabinet  or  ministry;  and  no  constitutional 
writers,  until  the  last  half  of  this  century,  attempted  to  for- 
mulate the  rules  and  conventions  which  regulate  this  syistem  of 
unwritten  law.t  The  framers  of  the  American  constitution 
in  1787  never  discussed  it  simply  because  they  did  not  under- 
stand it.|  The  system  of  government  established  in  the  prov- 
inces was  intended  to  be  an  improvement  from  the  imperial 
l)oint  of  view  on  the  old  colonial  system,  and  to  give  as  great 
a  strength  as  possible  to  the  executive  authority.  Sir  James 
Craig,  and  many  of  his  successors,  until  the  arrival  of  Loid 
Gosford,  were  fitting  representatives  of  an  autocratic  sovereign 
like  George  III,  who  attempted  for  years  to  govern  through 
advisers  perfectly  willing  to  be  mere  ciphers  in  his  hands  and 
ackriowledged  their  real  responsibility  was  to  him  and  not  to  i>ar- 
liament.     It  was  not  until  the  close  of  the  eighteenth  century,  a 

^MacMuUen,  "History  of  Canada"  (IJrockville,  Ontario,  1868),  p. 370. 

t  It  is  a  fact  of  which  Crnadians  shouhl  1»»5  proud  that  the  late  Dr.  Todd, 
librarian  of  the  parliament  of  Canada,  wrote  the  fullest  and  ablest  expo- 
sition of  the  principle?  and  workings  of  parliamentary  government  that 
has  yet  appeared  in  any  country. 

t  "In  1787,"  says  Prof.  Bryce,  "when  the  constitutional  convention  met 
at  Philadelphia,  the  cabinet  system  of  government  was  in  Englan<l  still 
immature.  It  was  so  immatiire  that  its  true  nature  had  not  been  per- 
ceived." Bryce,  "The  American  Commonwealth,"  Vol.  i,  p.  273.  See 
also  Vol.  I.  pp.  35,  36. 


SIS  AMERICAN    HISTORICAL    ASSOCIATION. 

short  time  before  the  passage  of  the  constitutional  act  of  1791, 
when  the  younger  Pitt  became  the  head  of  the  administration, 
that  the  authorityof  the  king  diminished  in  the  councils  of  the 
country,  an«l  resi)onsible  government  was  established  on  its 
proper  basis.  Public  men  in  the  United  States,  as  well  as  in 
the  colonies  of  Canada,  might  well  believe  that  the  Idng  and 
the  parliament  were  the  su]»reme  authorities,  and  that  the  min- 
istry ^Taa  an  entirely  subordinate  body,  ai)par*Mitly  under  the 
inliuence  of  the  sovereign.  As  n  matter  <»f  fact,  parliamentary 
government  in  England  its«'lf  was  in  those  days  virtually  on 
its  trial,  and  statesmen  were  from  their  experience  year  by 
year  formulating  for  us  in  these  later  times  those  principles 
and  rules  which  would  bring  the  executive  into  entire  harmony 
with  the  legislative  authority.*  According  as  the  power  of 
the  house  of  commons  increased  ministers  were  less  responsi- 
ble to  the  king,  and  personal  government,  like  that  of  the 
Stuarts  and  of  George  III,  became  an  impossibility.  The  king 
gained  in  dignity  according  as  his  ministers  assumed  that  full 
measure  of  responsibility  for  all  affairs  of  state  which  is  in 
accordance  with  the  fundamental  principles  of  the  English  con- 
stitution, and  the  permanency  of  the  British  system  of  govern- 
ment was  more  assured  by  the  agreement  between  the  three 
branches  of  the  legislature.  In  the  same  way  in  Canada,  the 
X)eoi)le  had  to  work  the  system  for  themselves  out  of  their  own 
exi)eriences.  Until,  however,  the  necessity  of  ai^plying  the  sys- 
tem to  the  colonies  became  obvious  even  to  the  eyes  of  Eng- 
lish statesmen,  the  governors  of  the  provinces  were  from  the 
very  nature  of  things  so  many  autocrats,  constantly  in  collision 
with  the  popular  element  of  the  country.  Sir  James  Craig  be- 
rated the  assemblage  in  no  mincing  language,t  and  although 
none  of  his  successors  ever  attempted  to  go  as  far  as  he  did, 
several  of  them  more  than  once  expressed  their  disapproval  ot 
the  action  of  the  popular  house  indirectly  by  praising  without 
stint  the  council,  which  was,  after  all,  the  creature  of  their  own 
will  and  pleasure.  In  some  respects  the  governors  of  those 
days  were  to  be  pitied.    Little  versed,  as  many  of  them  were, 

*  See  Tofkl,  ''  Parliamoiitary  GoveniiiK'nt  in  Enpjlaud,"  Vol.  ii,  pp. 
163-171.  And  more  particularly  the  first  chapter  in  May's  •'  Constitutional 
History  "  ( Vol.  i,  pp.  15-104),  where  the  influence  of  George  III  i)ver  his  min- 
istry and  m  the  government  of  England  is  clearly  stated. 

t  See  Bourinot,  "  Canadian  Studies  in  Comparative  Politics,"  p.  17. 


PARIJAMEXTARY  GOVERNMENT  IN  CANADA liOUKINOT.    3H.> 

ill  political  science,  and  more  learned  as  they  were  in  military 
than  in  constitutional  law,  they  might  ({uite  naturally  at  times 
give  expression  lo  a  little  impatience  under  the  working'  of  a 
system  which  made  them  responsible  to  the  imperial  authori 
ties  who  were  ever  vacillating  in  their  policy,  sometimes  ill 
disposed  to  sift  grievances  to  the  bottom,  and  too  often  dilatory 
in  meeting  urgent  ditticulties  with  prompt  and  effective  reme- 
dial measures.  The  secretaries  charged  with  coh)nial  adminis- 
tration Mere  constantly  changing  in  those  days,  and  little  fame 
was  to  be  won  in  England  by  the  study  and  consideration  of 
colonial  questions.  It  is  quite  certain  that  until  the  time  of 
Lord  Durham,  no  governor  general  or  lieutenant-governor 
ever  thoroughly  appreciated  the  exact  position  of  affairs  in 
Canada,  or  even  suggested  in  a  dispatch  a  remedy  that  would 
meet  the  root  of  the  evil  and  satisfy  the  pu))lic  mind. 

The  necessary  change  was  brought  about  with  surprising 
rapidity  when  the  diihculties  of  the  hmg  strained  situation  in 
the  provinces  culminated  in  uprisings  of  malcontents  in  two 
provinces  only.  Nova  Scotia  and  New  Brunswick  had  always 
pursued  a  constitutional  agitation,  and  by  the  time  of  the 
arrival  of  Lord  Durham  in  Canada  Mr.  Howe  and  his  friends 
had  succeeded  in  obtaining  the  redress  of  not  a  few  grievances. 
That  nobleman,  and  his  chief  adviser  Charles  Buller,  immedi- 
ately understood  that  an  elective  legislative  council  w  as  not 
the  true  panacea  that  would  cure  the  body  politic  of  its  grie\- 
ous  sores,  and  the  result  of  their  inquiries  was  a  report  which, 
in  its  clear  and  impartial  statement  of  the  political  difficulties 
of  the  country,  and  in  its  far-reaching  consequences,  must  take 
a  place  among  the  great  charters  and  state  documents  that 
have  molded  the  f'nglish  constitution.  If  the  authors*  had 
written  no  other  sentence  than  the  one  which  I  here  quote  they 
would  have  deserved  the  gratitude  of  the  people  of  this  coun- 
try: 

"I  know  iiot  how  it  is  possible  to  secure  harmony  in  any  otlier  way  than 
by  administering  the  govennneiit  tin  those  principles  which  have  been  found 
perfectly  eflicacious  in  Great  Ihitain.  I  would  not  impair  a  single  prerog- 
ative of  the  crown;  on  the  contrary,  I  believe  that  the  interests  of  the 

'No  doubt  Charles  linller  must  share  the  credit  in  all  resj>ects  with  Lord 
Durham  for  the  authorship  of  the  report,  and  indeed  it  is  claimed  that  he 
wrote  it  in  its  entirety.  Read  Mr.  Howe's  just  eulogy  of  Mr.  Buller,  an 
able  writer  and  statesman,  too  soon  lost  to  English  public  life.  Howe, 
^'Speeches  and  Public  Letters,"  Vol.  i,  pp.  566-567. 


320  AMERICAN    HISTORICAL   ASSOCIATION. 

people  of  these  provinces  require  tlie  protection  of  prerogatives  wLich 
have  not  hitherto  been  exercised.  But  the  crown  must,  on  the  other  hand, 
submit  to  the  necessary  consequences  of  representative  institutions;  and 
if  it  has  to  carry  on  the  government  in  union  with  a  representative  body, 
it  must  consent  to  carry  it  on  by  means  of  those  in  whom  that  representa- 
tive body  has  confidence."* 

The  history  of  the  concession  of  responsible  government  has 
its  perplexities  for  the  historical  writer  on  account  of  the  hesi- 
tation that  marked  the  action  of  the  imperial  government  and 
of  the  governors  of  some  of  the  provinces  when  it  was  gener 
ally  admitted  that  the  time  had  come  for  adopting  a  new  and 
liberal  colonial  policy.  Before  the  appearance  of  Lord  Dur- 
ham's report,  there  is  little  doubt  that  the  imperial  government 
had  no  intention  to  introduce  immediately  the  English  systeui 
in  its  completeness  into  the  provinces.  Even  in  the  provinces 
themselves  there  was  much  indecision  in  coming  to  a  definite 
conclusion  on  the  subject.  Joseph  Howe  himself,  with  all  his 
sagacity  and  knowledge,  had  not  hesitated  to  say,  in  moving 
the  resolutions  before  mentioned  : 

"You  are  aware,  sir,  that  in  Upper  Canada  an  attempt  was  made  to  con- 
vert the  executive  council  into  the  semblance  of  au  English  ministry, 
having  its  members  in  both  branches  of  the  legislature,  and  holding  their 
positions  while  they  retained  the  confidence  of  the  country.  I  am  afraid 
that  these  colonies,  at  all  events  this  i)rovincc,  is  scarcely  prepared  for  the 
erection  of  such  machinery.  1  doubt  whether  it  would  work  well  here ; 
and  the  only  other  remedy  that  presents  itself  is  to  endeavor  to  make  both 
branches  of  the  legislature  elective. ''t 

But  as  I  have  already  stated,  ^Ir.  Howe,  like  other  public  men 
in  Canada,  was  gradually  brought  to  demand  responsible  gov- 
ernment in  the  full  sense  of  the  term.  In  fact,  it  is  to  him  and 
to  the  adv^ocates  of  responsible  government  in  Upi)er  Canada 
that  the  chief  credit  must  be  given  for  the  eventual  establish- 
ment of  the  syvstem  as  Ave  now  possess  it.  In  Lord  John  Kussel's 
dispatches  of  1839, — the  sequence  of  Lord  Durham's  report — 
we  can  clearly  seethe  doubt  in  the  minds  of  the  imperial  authori- 
ties whether  it  was  possible  to  work  the  system  on  the  basis  of 
a  governor  directly  responsible  to  the  parent  state,  and  at  the 
same  time  acting  under  the  advice  of  ministers  who  would  be 
responsible  to  a  colonial  legislature.  I    But  the  colonial  secre- 


*  Page  106  of  the  Report. 

t  "  Speeches  and  Public  Letters,"  Vol.  i,  p.  108. 

tSee  his  dispatches  of  1839  in  the  Journals  of  Leg.  Ass.  of  Canada,  1841, 
App.  BB. 


PARLIAMENTAKY  GOVERNMENT  IN  CANADA iJOUUlXOT.    C-l 

tary  had  obviously  come  to  the  ojn'iiion  thni  it  was  necessary  to 
make  a  lailical  ( liaii.ue  M'hich  would  iiisiiie  greater  harmony  be- 
tween tlic  executive  and  tlie  i>oi)ulMr  bodies  of  the  lu'ovinces.  In 
these  same  dispatches,  whicli  were  forwarded  to  all  the  gover- 
nors, he  laid  down  theinineiple  that  thereafter  "the  tenure  of 
colonii!^  offices  held  during  lier  Majesty's  pleasure  will  not  be 
regarded  as  a  tenure  during  good  behivior,"  but  that  ''  such 
otticeis  will  be  called  upon  to  retire  from  the  i)ublic  service  as 
often  as  any  sufticient  motives  of  public  policy  may  suggest  the 
exjK'diency  of  that  measure.'''  Her  Majesty,  he  stated  eni])hat- 
ically,  ha<l  ''  no  desire  to  maintain  any  system  of  policy  anu)ng. 
her  Xorth  American  subjects  which  opinion  condemns  "  and 
there  was  "  no  surer  way  of  learning  the  approbation  of  the 
queen  than  by  maintaining  the  harmony  of  the  executive  witli 
the  legislative  authorities."  Mr.  Poulett  Thomson  was  the 
governor-general  expressly  appointed  to  carry  out  this  new 
policy.  If  he  was  extremely  vain,*  at  all  events  he  was  also 
astute,  i)raetical,  and  well  able  to  gauge  the  jmblic  sentiment 
by  which  he  should  be  guided  at  so  critical  a  period  of  Cana- 
dian history.  The  evidence  is  clear  that  he  was  not  individually 
in  favor  of  responsible  government  as  it  was  understood  by 
men  like  Mr.  Baldwin  and  Mr.  Howe  when  he  arrived  in  Canada. 
He  believed  that  the  council  should  be  one  "^  for  the  governor 
to  consult  and  no  more,"  and  voicing  the  doubts  that  existed 
in  the  minds  of  imperial  statesmen  he  added,  the  governor 
"  can  not  be  responsible  to  the  government  at  home  "  and  also 
to  the  legislature  of  the  province;  if  it  were  so,  ''then  all  colo- 
nial government  becomes  impossible."  "  The  governor,"  in  his 
opinicm,  ••  must  therefore  be  the  minister,  in  which  case  he  can 
not  be  under  control  of  men  in  the  colony."  Sir  Francis  Hincks, 
whose  opinion  in  these  matters  is  worthy  of  consideration,  has 
expressed  his  belief  that  Lord  Sydenham  at  the  outset  had 
hopes  of  "  being  able  to  find  subordinates  who  would  undertake 
to  defend  his  policy  in  the  house  of  assembly,"  and  that  his  ob- 
ject was  "  to  crush  party  connection."!  Be  that  as  it  may. 
Lord  Sydenham  probably  soon  found  after  he  had  been  for  a 
while  in  the  country,  and  had  frequent  opportunities  of  consult- 

*  This  wasGreville's  opinion  of  him.  See  his  Journals,  under  date  of  Jan- 
nary  30,  1836.  It  is  only  necessary  to  read  Scrope's  Life  of  Lord  Syden- 
ham to  find  in  every  line  the  evidence  of  his  intense  egotism, 

t  See  Hincks,  "  Keuiiniscences  of  hia  Public  Life,"  pp.  41  et  seq. 

S.  Mis  173 21. 


322  AMERICAN    HISTORICAL    ASS(-)CIATION. 

iuy:  with  the  leaders  of  the  popular  party  v.iio  well  knew  the 
temper  of  the  country  at  large,  that  liis  [)oliey  was  not  work  ible 
at  that  Juncture,  and  tliat  if  he  wished  to  'icconi])lish  the  unio!i 
succef" sfully,  the  priucijuil  object  (  his  ambition,  ]ie  would 
have  to  temporize,  and  dis«i'uise  his  own  conception  of  the  best 
way  of  carrying'  on  the  government  oi'the  c  )untry.  This  hrst 
council  was  a  mere  makeshift,  comi)osed  of  heterogeneous  ele- 
meuts,  and  it  is  not  sur]>ri.sing  that  Mr.  Baldwin  should  have 
seized  the  earliest  opportunity  of  leaving  it.  When  the  as- 
sembly uu't  it  was  soon  evideut  that  the  reformers  iu  the  body 
were  determined  to  have  a  detinite  umlerstanding  ou  the  all 
im[)ortant  question  of  resi)onsible  government,  ami  the  result 
was  that  the  governor-general,  a  keen  politician,  immediately 
recognized  the  fact  that,  unless  lie  yielded  to  the  feeling  of  the 
majority,  he  would  lose  all  his  intiueuce,  and  there  is  every  rea- 
son to  believe  that  the  resolutions  which  were  eventually  passed 
iu  favor  of  responsible  government  in  amendment  to  those 
moved  by  Mr.  Baldwin  had  his  approval  before  their  introduc- 
tion. The  two  sets  of  resolutions  practically  differed  little  from 
each  other,  and  the  inference  to  be  drawn  from  the  political  situ- 
ation of  those  times  is  that  the  governor's  friends  in  the  council 
thought  it  advisable  to  gain  all  the  credit  i)ossible  with  the 
public  for  the  passage  of  resolutions  on  the  all  absorbing  rpies- 
tions  of  the  day,  since  it  was  obvious  that  it  had  to  be  settled 
in  some  satisfactory  and  detinite  form.*  The  purport  of  the 
resolutions  which  form  the  first  authoritative  expression  of  the 
almost  unanimous  opinion  of  a  colonial  legislature  on  the  ques- 
tion must  be  familiar  to  all  Canadians,  but  then  their  impor- 
tance is  such  that  the  material  portions  of  the  text  should  be 
quoted  in  full  in  a  paper  of  this  character : 

(1)  "That  the  head  of  the  executive  government  of  the  province  being 
within  the  limits  of  his  government  the  representative  of  the  sovereign 
is  responsible  to  the  imperial  authority  alone,  but  that,  nevertheless,  the 
management  of  onr  local  affairs  can  only  be  conducted  by  him  by  and  with 
the  assistance,  counsel,  and  information  of  subordinate  officers  in  the 
province. 

(2)  ' '  That  in  order  to  preserve  between  the  different  branches  of  the  pro- 
vinoial  parliament  that  harmonj  which  is  essential  to  the  peace,  welfare 
and  good  government  of  the  province,  the  chief  advisers  of  the  representa- 
tive of  the  sovereign,  constituting  a  provincial  administration  under  him, 

*See  Scrope's  ''Life  of  Lord  Sydenham,"  2nd.   ed.     Also  Sir  Francis 
.  Hincks's  opinion  on  the  same  subject,  "  Reminiscences  of  his  public  life," 
p.  42. 


PAKLIAMENTAliY  GOVEKNMENT  IN  CANADA BOUKINOT.    323 

ought  tu  be  men  possessed  of  the  .'onfidenro  of  the  rei)re8entative.s  of  the 
peopk-;  thus  aft'ordiufj  a  j^narantee  that  tlie  well-niiderstood  wishes  and 
interests  of  the  ])eople,  whieh  our  gi'aeious  sovereign  has  dt'<  laredshall  he 
the  rule  of  the  provincial  governineut,  will  on  all  occasions  lie  faithfully 
rei)reseuted  and  advoc.ited. 

{'S)  "That  the  people  i)f  this  jtrovmee  have,  moreover,  the  right  to  exj»ect 
from  such  provincial  administration,  the  exertion  of  their  hest  endeavors 
that  the  imperial  authority,  within  its  consitutiDual  lindts,  shall  bt  exer- 
cised in  the  manner  most  consistent  with  their  well-understood  wishet. 
and  interests."" 

Mr.  Baldwin  also  wished  to  obtain  from  the  assembly  a 
definite  expression  of  opinion  as  to  the  ccnistitntional  ri<;lit  of 
the  le*j;islature  to  hold  the  provincial  administration  respon- 
sible for  using*  their  best  exertions  to  ■)rocnre  from  the  impe- 
rial authorities,  that  thei'  rightful  a«ti(m  in  mattei's  affecting- 
Canadian  interests  should  be  exercised  with  a  similar  regard 
to  the  wishes  and  interests  of  the  Canadian  people.  No  doubt, 
looking  at  the  past  political  history  of  the  ])rovince,  and  the 
language  of  Lord  John  Eussell  in  his  disjtatches,  and  the  c<m- 
(•ealed  opinions  of  the  governor  himself,  of  which  Mr.  Baldwin 
had  in  all  probability  an  inkling,  he  was  quite  justified  in  pro- 
posing the  resolution  in  question;  but  it  is  also  obvious  that 
no  such  pro])osition  could  have  any  i)ractical  effect  on  the  ad- 
justment of  those  nice  questions  that  miglit  arise  in  the  course 
of  the  relations  between  Canada  and  the  parent  state.t  As 
set  forth  in  later  days  by  an  able  statesman  of  the  Liberid  party 
of  Canada,  "  Imperial  interests  are,  under  our  present  system 
of  government,  to  be  secured  in  matters  of  Canadian  executive 
policy,  not  by  any  clause  in  a  governor's  instructions  (which 
would  be  practically  inox)erative,  and  if  it  can  be  supposed  to 
be  operative  would  be  mischievous),  but  by  nmtual  good  feel- 
ing and  by  proper  consideration  for  imperial  interests  on  the 
l^art  of  her  Majesty's  Canadian  advisers,  the  crown  neces- 
sarily retaining  all  its  constitutional  rights  and  powers  which 
would  be  exer(iisable  in  any  emergency  in  which  the  indicated 
securities  might  be  found  to  fail."f 

*  That  my  readers  may  see  that  there  is  little  or  no  difference  between 
Mr.  Baldwin's  and  Mr.  Harrison's  resolutions,  I  refer  them  to  Can.  Leg. 
Ass.  Journals  of  1841,  J?ept.  3. 

f  See  Todd,  "  Parliamentary  Government  iu  the  Colonies,"  p.  57. 

t  Hon.  Edward  Blake  in  a  dispatch  to  the  Secretary  of  State,  Can.  Sess, 
Papers,  1887,  No.  13.  See  Bourinot,  "Federal  Government  iu  Canada," 
Johns  Hopkins  University  Studies,  Vol.  7,  pp.  537,  538. 


324  AMERICAN    IIIS'l'ORlCAL    ASSOCIATION. 

The  (')o.se  of  the  first  session  of  tlie  first  h'jiishitiue  of  ( 'anad.b 
after  the  union  of  1841  saw  resi)onsil)le  ^(»V(  ininent  virtuall>^ 
julopted  as  the  fundamental  basis  of  our  political  system,  al- 
though for  a  IVw  years  its  development  was  in  a  measure 
retard<*d  by  the  ill  advised  efforts  of  Loid  Metcalfe  (wlio  came 
fresh  from  India,  wheic  En<;lisli  ofiicials  were  so  many  mild 
despots  in  their  respective  vspheres),  to  assert  the  prei'ojjfativcs 
<»f  the  head  of  the  executive  in  the  spirit  of  times  which  had 
passed  away,  and  to  govern  iiccordinj;"  to  the  ideas  wliicii  it 
appears  Lord  Sydenham  himself  privately  entertained  when 
he  first  eame  to  Canada.  The  critical  i)eriod  of  iesi)onsible 
government  in  Canada,  as  well  as  in  the  maritime  provinces, 
extended  from  183{>  to  1848.  In  New  Brunswick,  Sir  .lohn 
ITarvey,  the  lieutenant-governor,  at  «)nce  recognized  in  Lord 
John  liusseirs  dispatches  '"a  new  and  imi)roved  constitution;" 
and  by  a  circular  memorandum  informed  the  heads  of  depart- 
ments that  thenceforward  their  offices  would  be  held  by  the 
tenure  of  public  c«mfidence.  Unfortunately  for  Xova  Scotia, 
there  was  at  that  time  at  the  head  of  the  government,  a  brave 
but  obstinate  old  soldier,  Sir  Colin  Campl)ell,  who  had  petri- 
fied ideas  on  the  sanctity  of  the  prerogatives  of  the  crown,  and 
honestly  believed  that  responsible  government  was  fraught 
with  peril  to  imperial  interests.  He  steadily  ignored  the  dis- 
patches which  had  so  much  influence  on  the  situation  of  affairs 
in  the  other  provinces,  until  at  last  such  a  clamor  was  raised 
about  his  ears  that  the  imperial  government  ([uietly  removed 
him  from  a  country  where  he  was  creating  dangerous  compli- 
cations. Nova  Scotia,  from  the  time  Mr.  Howe  moved  his  res- 
olutions in  the  assembly,*  had  been  making  steady  headway 
toward  responsible  government,  as  a  result  of  the  changes  that 
were  made  by  Lord  Glenelg  (truly  described  "as  one  of  the  most 
amiable  and  well  disposed  statesmen  who  ever  jiresided  over  the 
colonial  department " )  t  in  the  position  of  the  legislative  council, 
which  was  at  last  separated  from  the  executive  authority.  But 
the  executive  council  was  very  far  from  being  in  accord  with 
public  opinion,  and  its  members  had  no  political  sympathy  with 

*  See  Howe,  "  Speeches  and  Public  Letters,"  Vol.  i,  p.  220. 

f  This  is  a  qnotatiou  from  Howe's  '*  Speeches  and  Public  Letters,"  ^"ol. 
1,  p.  144,  a  work  having  on  the  title  page  the  name  of  W.  Armaud,  M.  P.  P., 
as  editor,  but  well  understood  to  have  been  written  word  for  word  by  Mr. 
Howe  himself. 


PARLIAMENTARY  GOVERNMENT  IN  CANADA — BOURINOT.    325 

each  other.  The  <;<>verD(nV lri«*ii(ls  piedoiiiiiiiitrd and  acknowl 
e(lj;e(l  in>  res]M)nsiliility  to  the  assembly.  When  fionl  Falk- 
land was  apjiointed  li('uteuant-*i()veiin)r  there  was  every  exi»ee- 
tation  that  the  politieal  ajzitation  that  had  so  ]()i\}x  distnrbed 
the  province  woiihl  disai»i)ear,  at  least  as  far  as  it  conld  in  a 
country  where  every  man  is  a  born  politician:  and  indeed  for 
awhile  it  seemed  as  if  the  new  {governor  would  exhiltit  that 
tact  and  judj;iuent  which  were  so  essential  at  a  time  when  a 
new  system  of  government  was  in  c(nirse  of  <levelopment,  and 
it  was  necessary  to  resi)ect  the  asjiiiationsof  the  popular  jutrty 
without  unduly  woundinj^'  the  feelings  of  the  men  who  had  for 
so  lony:  controlled  the  aflairs  of  government,  and  acted  as  if 
they  had  a  moiioi)oly  of  them  for  all  time. 

But  the  choice  of  Lord  Falkland  was  in  uiany  respects  un- 
fortunate. In  the  provinces,  uudtn-  the  old  reqiine,  there  were 
two  classes  of  jiovernors  who  di<l  nnuh  harm  in  tlu'ir  waj*. 
First  of  all,  there  were  the  military  governors,  like  Sii-  flames 
Craig  and  !Sir  Colin  Campbell,  well-meaning  and  honest  men, 
but  holding  extreme  ideas  of  the  imitortauce  of  the  jneroga- 
tives  of  the  Crown,  and  too  ready  to  a])i>ly  tlu'  rules  of  the  camp 
to  the  administration  of  public  allairs;  and  then  there  were 
the  gentlemen  who  wished  to  recruit  narrow  fortunes,  had  no 
very  high  opinion  of  "those  fellows  in  the  colonies,"*  and  in 
most  cases  obtained  the  position  not  from  any  high  merit  of 
their  own,  but  as  a  result  of  family  inliuence.  Lord  Falkland 
appears  to  have  Itelouged  to  the  latter  class,  and  it  did  not 
retlect  much  on  the  sagacity  of  the  government  who  chose  at  a 
critical  period  of  provincial  history  a  man  who  clearly  had  no 
very  correct  id^a  of  the  principles  of  the  new  system  he  had  to 
administer.  He  (piarreled  with  the  leaders  of  the  Liberal  party 
in  a  most  oftensive  way,  and  even  descended  into  the  field  of 
political  controversy.  He  used  every  possible  eflort  to  oppose 
the  develoi)ment  of  responsible  government,  and  in  doing  so 
tlirew  himself  into  the  arms  of  the  party  that  had  so  long  ruled 
in  social  and  political  life  in  >*'ova  Scotia.  It  is  certainly  a 
curious  coincidence  that  at  a  time  when  res})onsible  govern- 
ment was  understood  to  be  imictically  conceded.  Lord  Falkland 
and  Lord  Metcalfe  should  have  been  simultaneously  api)ointed 
to  preside  over  the  provinces  of  Canada  and  Nova  Scotia;  but 

*  Lord  Sydenham  in  one  of  his  letters  applies  this  contemptuous  expres- 
sion to  the  members  of  the  legislature.     (See  Scrope's  Life,  p.  234.) 


320  AMERICAN    HISTORICAL   ASSOCIATION. 

it  is  not  at  all  jnobable  that  they  were  sent  with  any  sinister 
instructions  to  impede  the  (levelopment  of  the  new  system.* 
They  hai»[)ene(l  to  be  tlie  two  men  whom  the  colonial  oiticc 
found  most  conveniently  at  hand,  and  like  other  apixiintmcnts 
of  the  kind  in  those  days  they  were  disi>atched  without  any 
special  inquiry  into  theii-  «iualitications  for  the  important  re- 
sponsibilities they  had  to  discdiar^e.  The  ditliculties  that  oc- 
curred after  their  arrival  were  of  their  own  making.  One  of 
them  was  uuable  by  nature  and  the  other  by  his  education  in 
India  to  understand  the  way  in  which  their  res[ie(tive  i>r(»v- 
inces  should  be  j^overnc'd  since  the  adoption  of  the  new  colonial 
policy,  which  Lord  dohn  Russell  was  the  tirst  to  inaugurate  in 
general  terms.  Like  Sir  Francis  liond  Head,  the  new  lieuten- 
ant-governor of  Nova  Scotia  was  an  examph;  of  a  man  wlio 
had  greatness  thrust  upon  him,  for  there  were  some  x)eople  cruel 
enough  to  say  at  the  time  of  tlu^  former's  appointnu'ut  that  1m5 
received  a  position  which  was  really  intended  for  his  certainly 
more  able  relative,  Sir  Ednumd  Head,  who  became  in  later 
times  governor- general  of  Canada — another  apt  illustration,  if 
it  were  true,  of  the  blunders  which  colonial  secjretaries  in  those 
days  were  wont  to  make.t  The  history  of  the  contest  in  Nova 
Scotia  was  much  more  interesting  in  some  respects  than  that 
of  Canada  as  soon  as  the  governors  began  to  develop  their 
reactionary  ])olicy.  Mr.  Howe  was  a  poet  as  well  as  an  oratcu", 
and  it  is  curious  to  note  that  Nova  Scotia  has  given  birtli  to 
the  few  humorists  that  Canada  can  claim.  "  Sam  Slick  "  (Judge 
Halliburton)  was  a  Nova  Scotiau,  and  Mr.  Howe,  who  printed 
his  books  in  the  first  place,  had  also  a  deep  sense  of  humor 
which  was  constantly  brightening  up  his  speeches  and  writings. 
It  must  be  admitted  that  his  humor  was  rather  that  of  Field- 
ing and  Smollett  than  of  Hood  and  Lamb,  and  was  not  always 
suited  to  these  more  self-restrained  times.  Some  of  the  most 
Xiatriotic  and  soul-stirring  verses  ever  written  by  a  Canadian 


*Mr.  Howe  in  his  collection  of  ''Letters  and  Public  Speeches"  (Vol.  i, 
p.  393),  traces  ''  a  mysterious  counection  "  between  the  two  governors ;  but 
he  quotes  in  a  subseiiueut  page  an  extract  from  a  speech  in  parliament  of 
Lord  Stanley,  then  secretarj'  of  state  for  the  colonies,  in  which  he  stated 
that  the  "  principle  of  responsible  government  had  been  fully  and  frankly 
conceded  on  the  part  of  the  government."     {Ibid. ,Yol.  i,  p.  427.) 

f  See  Sir  Francis  Hincks's  "Keminiscences,"  p.  15.  But  Mr.  Goldwin 
Smith  ("The  Canadian  Question,"  p.  115,  note)  believes  that  this  story  of 
Sir  Francis  having  been  mistaken  for  Sir  Edmund  Head  "  ^ai\  not  be  worthy 
of  credence." 


PARLIAMENTARY  GOVKRN^fENT  IN  CANADA — BOTTRINOT.    327 

tail  be  foiiiid  in  hiscoIUM'tioii  of  poems;  but  relatively  very  few 
persons  nowadays  recollect  those  on<'e  famous  satirical  attacks 
ujjon  Lord  Falkland,  uliich  };ave  jfreat  anuisement  to  the  peo- 
ple throu^h«>nt  tin'  piovince,  and  made  the  life  of  that  noble- 
man almost  unbearable.* 

In  this  way  the  political  fij-hters  of  the  maritime  i>r(»vi!iceR 
diversitied  the  furious  contest  that  they  fought  with  the  lieu- 

'  Those  vorsj'H  an'  too  loiijj,  iiiid  roiitiiiii  too  many  local  reftTcncos  to  he, 
i(ji|>re('iate(l  by  those  who  .irt'  not  tlioronj^hly  coiivrrsaiit  with  the  history 
of  tho.se  times,  anil  I  shall  content  myselt"  with  a  <|Uotatioii  from  "The 
Lord  of  the  Hedehamher,"  an  allusion  to  oiu'  of  the  positions  previously 
liehl  by  the  lienteirint-j><)vernor.  The  verses  are  snpjiosed  to  show  his 
opinion  of  the  tronhlesome  house  of;issomhly,  and  his  way  of  coneiliating 
souie  of  its  unruly  elements.  The  lieutenant-y;overnor  is  supposed  to  be 
waitiuj;  for  a  reply  to  a  messatje  to  the  Commons: 

"No  answer!    I'lu!  .scoiiiiilrfls,  liow  dare  they  delay! 
Do  they  tliiiik  Iliat  a  man  wlio's  a  peer, 
Can  tlius  he  kept  feverish,  rtay  after  day, 

III  the  hope  that  their  Speaker  Ml  ajipear? 

"  How  iliire  they  ihlay,  wlien  a  Peer  of  tlie  Healm, 
And  a  Lord  of  tlio  JJeilchaiiiher,  loo, 
To  govern  them  all  has  been  placed  at  the  helm 
And  to  order  tlieiii  just  what  to  do? 

"  Go  1)— dy,  iio  l)_dy,  and  tell  them  from  me, 
That  like  Oliver  Crom.  I'll  eonie  down, 
Mj-  orderly  sergeant  mace-hearer  shall  be, 
And  kick  them  all  out  of  the  te.vn." 

These  remarks  are  supposed  to  )>e  .uldressed  in  thesecrecy  of  his  chamber 
to  one  of  his  pliant  friends  who  ventured  to  hint  that  it  might  not,  for  hini^ 
be  quite  safe  to  repeat  what  was  said: 

"  They've  got  some  odd  notions,  the  obstinate  crew, 
That  wo  are  their  servants— and  they 
A  sergeant  havi'  got,  and  a  stout  fellow,  too. 
Who  th.eir  orders  will  strictly  obey. 

"  Besides,  though  the  leader  and  I  have  averred, 
That  justice  they  soon  shall  receive, 
'Tis  rather  unlucky  that  never  a  word 
That  we  say  will  the  fellows  believe. 

"  How  now,  cries  his  Lordship,  deserted  by  yon 
I  hope  you  don't  mean  ■  to  retire,' 
Sit  down,  sir,  and  tell  nie  at  once  what  to  do. 
For  my  blood  and  my  brain  are  on  fire." 

Then  the  governor's  friend  suggests  a  method  of  settling  matters  qnita 
common  in  those  old  times: 

"Suppose!  "  and  his  voice  half  recovered  ita  tone, 

"You  ask  them  to  dinner,"  he  cried, 
"And  when  you  can  get  them  aloof  and  alone, 

Let  threats  and  persuasion  be  tried. 


328  AMERICAN    HISTORICAL    ASS(K'IATION. 

tenaut-goveinors,  aud  it  was  certainly  ))etter  that  the  people 
should  be  made  to  laugh  than  be  hurried  into  sueh  unfortunate 
and  ill-timed  aprising.s  as  occurred  in  the  other  provinces. 
Happily  such  a  style  of  controxersy  hns  also  passed  away  with 
the  (pauses  of  irritation,  and  no  Lord  Falkland  could  be  found 
nowadays  to  step  down  into  the  arena  of  party  strife,  aud 
make  a  i)ersoual  issue  of  political  controversies. 

Lord  Metcalfe  left  the  country  a  disai)point('d  and  dying 
man,  and  Lord  Falkland  was  stowed  away  in  the  East,  in 
Bombay,  where  he  could  do  little  harm;  and,  with  the  appoint- 
ment of  Lord  Elgin  to  Canada  and  t>f  Sir  John  Harvey  to  Nova 
Scotia  and  with  a  clear  enunciation  on  the  part  of  Earl  Grey 
of  the  rules  that  should  govern  the  conduct  of  governors  in  the 
administration  of  c<»lonial  affairs,  tlie  political  atmosphere 
cleared  at  last  and  responsible  government  became  an  accom- 

"  If  you  swear  you'll  dissolvt*.  you  niiiilit  frij;bteu  a  few, 
You  may  whtciUo  and  ooux  a  few  more, 
If  the,  old  ones  look   kno\viii;Lr.  stick  close  to  tho  new, 
And  we  yet  oppositioi!  may  tloor." 

This  advice  was  jialatable  to  his  lortlshi]t : 

"  ril  do  it,  my  I)— dy ;  I'll  do  it  this  iiiKlit, 
Party  government  still  I  eschew  ; 
Butif  a  few  jiarties  will  set  you  all  right, 
I'll  give  them,  and  you  may  come,  too." 

"  The  Romans  of  old,  when  to  battle  they  press'd, 
Consulted  the  entrails,  'tis  said  ; 
And  arguments,  if  to  the  stomac'n  addressed, 
May  do  more  than  when  aimed  at  the  head." 

The  writer  has  often  th(»u<^ht  that  a  very  interesting  chapter  might  be 
written  on  the  influence  r)f  dinners  in  the  ]i()lit!r,s  of  Canada.  Cabinets, 
no  doubt,  have  been  sonietinu-s  moulded  and  changed  as  a  result  of  a  din- 
ner or  two  at  the  house  of  some  astute  statesman.  I  remember  well  the 
frequency  of  dinners  about  the  time  it  was  necessary  to  bring  obstinate 
Nova  Scotia  into  c()nfe<lerati()n,  and  Gen.  Williams,  of  Kars  was  sent  to  Hal- 
ifax for  the  express  purpose  of  acconii)lisliing  that  object  so  much  desired 
by  the  English  and  Canadian  governments.  I  am  quite  sure  that  around 
that  warrior's  table,  over  the  nuts  and  Avine,  nmre  than  one  doubting  mem- 
ber from  the  country  felt  his  opposition  to  unicm  waver,  and  the  genei*al 
was  able  to  add  a  fresh  chaplet  to  that  lu^  had  won  at  the  eastern  fortress 
amid  the  thunder  of  cannon  and  the  misery  of  famine.  I  often  think  that 
not  a  few  Canadian  members  of  parliament  a<custoined  to  early  dinners, 
domestic  habits,  an<l  early  retirement  attribute  to  the  "bad  ventilation  of 
the  Commons  Chamber,"  what  is  probably  tbe  eftect  of  the  very  elaborate 
euisine  which  is  now  a  well-establi8he<l  adjunct  of  our  system  of  parliament- 
ary government.  In  the  course  of  time  some  of  our  high  functionaries  of 
state,  like  the  famous  Brillat-Savarin,  may  be  best  renunnbcred,  not  for 
their  knowledge  of  political  economy,  but  for  their  skill  in  gastronomy. 


PARLIAMLNTARY  GOVERNMENT  IN  CANADA — BOURINOT.    329 

plislit'd  fiK't.  Since  those  days  Cauada  has  had  a  succession 
of  goveiuors  who  have  endeavored  to  carry  out  honestly  and 
discreetly  the  wise  colonial  policy  wliich  Avas  inaugurated  at 
the  union  of  1841,  and  the  difficulties  which  Lord  John  Kussell 
anticii)ated  have  disai>peare(l  or  rather  have  never  actually 
occurred  in  the  practical  operation  of  a  system  of  government 
which  has  ])roved  itself  the  best  safeguard  of  imperial  inter- 
ests, since  it  brings  the  colony  and  the  parent  state  more  into 
sympathy  with  each  other  by  establishing  a  feeling  of  mutual 
confidence  and  mutual  resi)ect,  the  absence  of  which  marred 
the  history  of  the  old  times  and  seemed  more  than  once  likely 
to  weaken  the  ties  that  happily  have  always  bound  Canada  U^ 
the  parent  state. 

In  the  history  of  the  x)ast  there  is  much  to  deplore:  the 
blun<lers  of  English  ministers,  the  want  of  Judgment  on  the 
part  of  governors,  the  selfishness  of  *' family  compacts,"  and  the 
recklessness  of  some  Canadian  i)oliticians;  l)ut  the  very  trials 
of  the  crisis  tlirough  which  Canada  passed  brought  out  the  fact 
that,  if  English  statesmen  had  mistaken  the  spirit  of  the  Cana 
dian  peoph^  and  had  not  always  taken  the  best  methods  of 
removing  grievances,  it  was  n(^>t  from  any  studied  disposition 
to  do  these  ccmntries  an  injustice,^! >ut  rather  because  thev 
were  unable  to  see  until  the  very  last  moment  that  even  in  a 
colony  a  representative  system  must  be  worked  in  accordance 
with  those  principles  that  obtained  in  England,  and  that  it 
was  impossible  to  direct  the  internal  affairs  of  dependencies 
many  thousand  miles  divStant  through  a  colonial  office  gener 
ally  managed  by  a  few  clerks.  These  very  trials  showed  that 
the  great  body  of  the  people  had  confidence  in  England,  giving 
4it  last  due  heed  to  their  complaints,  and  that  the  sound  seidi 
ment  of  the  country  was  rei)resented  mtt  \yy  Mackenzie  nor 
Pai)ineau,  who  proved  at  the  last  that  they  were  not  of  heroii; 
mold,  but  rather  by  the  men  of  cool  judgment  and  rational 
policy,  who,  tiiroughout  the  critical  period  of  (uir  history,  be 
lieved  that  constitutional  agitation  would  best  bring  about  a 
solution  of  the  difficulties  which  had  so  long  agitated  the 
l^rovinces. 

Of  all  the  conspicuous  figures  of  those  memorable  times,  which 
ulready  seem  so  far  away  from  us  who  possess  so  many  polit 
ical  rights,  there  are  three  who  stand  out  more  prondnently 
tlian  all  others  and  represent  the  distinct  types  of  politicians 
who  intiuenced  the  public  mind  during  the  first  part  of  this 


330  AMERICAN   HISTORICAL   ASSOCIATION. 

century.  These  are  Papiiieaii  ,Bakhviii,  and  IJowe.  Aiouiid  tlie 
tjgure  of  the  first  there  lias  always  been  a  sort  of  glamor  Avliich 
has  hel[)ed  to  conceal  his  vanity,  his  rashness,  and  his  want 
of  political  sagacity,  which  would,  under  any  circumstances, 
have  [)revented  his  sm.'cess  as  a  safe  statesman,  cai)able  of 
guidiijg  a  people  through  a  trying  ordeal.  His  eloquence  Avas 
fervid  and  had  much  inliuence  over  his  impulsive  countrymen, 
his  sincerity  was  undoubted,  and  in  all  likelihood  his  very  in- 
discretions made  more  palpable  the  defects  of  the  political  sys- 
tem against  which  he  so  persistently  and  so  often  justly  de- 
claimed. He  lived  to  see  his  countrymen  enjoy  })ower  and  in- 
fluence under  the  very  union  which  they  resented  and  to  find 
himself  no  longer  a  leader  aniong  men,  but  ivSolated  fr(mi  the 
great  majority  of  his  own  i^eo^jlc  and  rei)reseutiug  a  past  whose 
methods  were  antagonistic  to  the  new  regime  that  had  grt»wn 
up  since  1837.  The  days  of  reckless  agitation  had  passed  an<l 
the  time  for  astute  statesmanship  had  come.  Lafontaine  and 
Morin  were  now  safer  political  guides  for  their  countrymen. 
He  soon  disappeared  entirely  from  jniblic  view,  and  in  the  soli- 
tude of  his  picturesque  chateau  amid  the  gToves  that  over- 
hang the  Ottawa  Eiver,  only  visited  from  time  to  time  by  some 
stanch  friends  or  by  a  few  curious  tcmrists  who  found  their 
way  to  that  quiet  spot,  he  passed  the  remainder  of  his  days 
with  a  tran«iuillity  in  wondr(ms  contrast  to  the  stormy  and 
eventful  drama  of  his  earlier  life.  Tlie  Mriter  often,  a  few  years 
ago,  recognized  his  noble,  dignified  figure,  erect  even  in  age, 
])assing  unnoticed  on  the  streets  of  Ottawa,  when,  perhaps,  at 
the  same  time  there  were  strangers  walking  through  the  lob- 
bies of  the  rarliament  house  asking  to  see  his  portrait. 

One  of  the  most  admirable  figures  in  the  jjolitical  history  of 
Canada  was  undoubfcdly  Robert  Baldwin.  Compared  with 
other  poi)ular  leaders  of  his  generatiim,  he  was  calm  in  coun- 
sel, unselfish  in  motive,  and  moderate  in  opinion.  If  there  is 
significance  in  the  political  phrase  "Liberal  Conservative,"  it 
could  be  applied  with  justice  to  him.  He,  too,  lived  for  years 
after  his  retirement  from  political  life  almost  forgotten  by  the 
peojde  for  whom  he  worked  so  fearlessly  and  sincerely. 

Joseph  Howe,  too,  died  about  the  same  time  as  Papineau, 
after  the  establishment  of  the  federal  union;  but,  unlike  the 
majority  of  his  com})eers  who  struggled  for  popular  rights,  he 
was  a  prominent  figure  in  i)ublic  life  until  the  very  close  of  his 
career.    All  his  days,  even  when  his  spirit  was  sorely  tried  by 


PARLIAMENTARY  GOVEKNMEXT  IX  CANADA BOURINUT.    331 

tbe  obstinacy  and  dullness  of  Englisli  niinistei-s,  he  loved  I'ng- 
laud,  for  Le  knew,  after  all,  it  was  in  her  institutions  his 
country  could  best  find  prosperity  and  hapi»iness,  and  it  is  an 
interesting  fact  that,  among  the  many  able  essays  and  addresses 
which  the  question  of  imperial  fedeiatiim  has  diawn  forth, 
not  one  in  its  eloquence,  breadth,  and  fervor  can  equal  his  great 
speech  on  the  consolidation  of  the  empire.  The  printer,  poet, 
and  politician  died  at  last,  at  Halitax,  the  lieutenant-governor 
of  his  native  province,  in  tlie  fam<ms  old  (Tovernment  lumse, 
admittance  to  which  had  been  denied  him  in  the  stormy  times 
of  Lord  Falkland;  a  logical  ending  assuredly  to  the  life  of  a 
statesman  who,  with  eloquent  pen  and  voice,  in  the  days  when 
the  opinions  he  held  were  unpopular  in  the  homes  of  governors 
and  social  leaders,  ever  urged  the  claims  of  his  <ountrymeu 
to  exercise  that  direct  contr(tl  over  the  government  of  their 
country  which  should  be  theirs  by  birth,  interest,  and  merit. 

In  the  working  out  of  responsible  government  for  the  last 
half  century  there  stand  out,  clear  and  well  defined,  certain 
facts  and  principles  which  are  at  once  a  guarantee  of  eflQcient 
home  government  and  of  a  harmonious  cooi)eration  between 
the  dependency  and  the  central  authority  of  the  empire. 

1.  The  misunderstandings  that  so  (X)nstantlv  occurred  be- 
tween  the  legislative  bodies  and  the  imperial  authorities,  and 
caused  so  much  discontent  throughout  the  provinces  on  account 
of  the  constant  interference  of  the  latter  in  matters  which 
should  have  been  left  exclusively  to  the  control  of  the  peo])le 
directly  interested,  have  been  entirely  removed  in  conformity 
with  the  wise  policy  of  making  Canada  a  self-governed  coun- 
try in  the  full  sense  of  the  phrase.  These  provinces  are  as  a 
consequence  no  longer  a  source  of  irritation  and  danger  to  the 
parent  state,  but,  possessing  full  independence  in  all  matters 
of  local  concern,  are  now  among  the  chief  glories  of  England 
and  sources  of  her  pride  and  greatness. 

2.  The  governor- general,  instead  of  being  constantly  brought 
into  conflict  with  the  political  parties  of  the  country  and  made 
immediately  responsible  for  the  continuance  of  public  griev- 
ances, has  gained  in  dignity  and  influence  since  he  has  been 
removed  from  the  arena  of  public  controversy.  He  now  occu- 
pies a  position  in  harmony  with  the  princii)les  that  have  given 
additional  strength  and  prestige  to  the  throne  itself.  As  the 
legally  accredited  representative  of  the  sovereign,  as  the  rec- 
ognized head  of  society,  he  rei)resents  what  Bagehot  has  aptly 


332  AMERICAN    HISTORICAL    ASSOCIATIOX. 

styled  the  dignifiod  part  of  our  constitution,  wliicli  has  much 
value  in  a  country  like  ours,  where  we  fortunately  retain  tlie 
permanent  form  of  monarch}^  in  harmony  with  the  democratic 
machinery  of  our  jiovernment.  It  would  be  a  <ireat  mistakr 
to  suppose  tlijtt  the  <»'overnor-;4eneral  is  a  mere  roi  faineant,  a 
meiely  ornauK'ntal  i)(>rtion  of  our  political  system,  to  be  set  to 
work  and  kei)t  in  motion  by  the  i>remicr  and  liis  c<mncil.  His 
influence,  however,  as  Lord  Elj^in  has  sliown,  is  wholly  moral, 
an  intiuence  of  suasion,  sympathy,  and  moderation,  which 
softens  the  temper  while  it  elevates  the  aims  of  local  politics. 
If  the  governor-general  is  a  man  of  parliamentary  experience 
and  constitutional  knowledge,  possessing  tact  and  judgment, 
and  imbued  w  ith  the  true  si)irit  of  his  high  vocation — and  these 
functionaries  have  beenuotablj^  so  since  the  commencement  of 
confederation — they  can  sensibly  intiuence  the  course  of  admin 
istration  and  benelit  the  country  at  critical  i)eriods  of  its  his- 
tory. Standing  above  all  party,  liaving  the  unity  of  the  em 
pire  at  heart,  a  governor-general  at  times  can  soothe  tlie 
public  mind  and  give  additional  confidence  to  the  countrj^ 
when  it  is  threatened  with  some  national  calamity  or  there  is 
distrust  abroad  as  to  the  future.  As  an  imperial  ofticer  he  has 
large  responsibilities,  of  which  the  general  public  have  natu- 
rally no  very  clear  idea,  and  if  it  were  possible  to  obtain  access 
to  the  contideutial  and  secret  disi)atches  which  seldom  see  the 
light  in  the  colonial  office,  certainly  not  in  the  lifetime  of  the 
men  who  wrote  them,  it  would  be  seen  how  much  for  a  ([uar- 
ter  of  a  century  past  the  colonial  department  has  gained  by 
having  had  in  the  Dominion  men  no  longer  acting  under  the 
influence  of  personal  feeling  through  being  made  personally 
responsible  for  the  conduct  of  public  affiiirs,  but  actuated  sim- 
ply by  a  desire  to  benefit  the  country  over  which  they  preside 
and  to  bring  Canadian  interests  into  unison  with  those  of  the 
empire  itself. 

The  success  of  self-government  in  Canada  can  be  seen  by 
comparing  the  present  condition  of  things  with  what  existed 
fifty  years  ago,  when  the  provinces  that  now  constitute  the  Do 
minion  were  so  many  small,  struggling  communities,  isolated 
from  one  another,  having  no  direct  interest  in  each  other's  in- 
dustrial and  political  developement,  animated  by  no  common 
aims  and  aspirations,  and  having  no  tie  to  l)ind  them  excei)t 
that  purely  sentimental  bond  which  unites  communities  of  the 
same  empire.  The  total  population  of  all  the  British  North 
American  countries  did  not  exceed  1,000,000  of  souls,  of  whom 


TAKLIAMENTAKY  GOVERNMENT  IN  CANADA BOUKINOT. 


333 


the  majority  were  French  Canadians,  then  sullen  and  discou- 
tented,  believing  that  the  union  was  a  part  of  a  sinister  scheme 
to  destroy  tlieir  national  institutions  and  place  them  in  a  posi- 
tion of  inferiority  to  the  English  speaking  people.  A  feeling 
of  unrest  was  still  abroad  and  no  one  was  ready  to  speak  con- 
iidently  of  the  future.  If  there  was  ever  in  this  country  a 
small  number  of  men  inclined  to  tavor  annexation  to  the  United 
States,  they  might  have  been  found  at  that  time,  when  they 
compared  the  prosperity  and  enterj)rise  of  the  neighboring 
Republic;  and  its  large  measure  of  self-government  with  the 
condition  of  matters  in  the  struggling  communities  of  British 
North  America.  I>ut  then,  as  always,  the  great  body  of  the 
people  were  true  to  themselves  and  to  Britisli  connection,  and 
the  same  spirit  of  devotion  that  had  carried  them  through 
the  miseries  of  war  and  dangerous  political  agitation  gained 
strength  when  they  saw  that  England  at  last  recognized  the 
errors  of  procrastination  and  negligence,  which  had  too  long 
been  the  features  of  colonial  administration,  and  was  ready 
to  concede  to  the  provinces  those  rights  and  privileges  which 
they  had  every  reason  toexiiectas  free,  self-respecting  commu- 
nities animated  by  the  spirit  of  English  institutions.  With  a 
recognition  of  the  right  of  Canada  to  self-government  came  a 
sense  of  large  responsibility.  Canadians  had  to  prove  them- 
selves worthy  of  the  trust  at  last  reposed  in  them,  and  they  did 
so  in  a  manner  which  has  frequently  in  later  times  evoked  the 
praise  of  the  wisest  English  statesmen  and  publicists.  The 
quarter  of  a  century  that  elapsed  trom  1842  to  1S67  was  the 
crucial  period  of  Canadian  political  development;  for  then  the 
principles  of  our  present  system  of  self-government  were  firmly 
established  and  a  new,  industtious  population  flowed  steadily 
into  the  country,  the  original  population  became  more  self- 
reliant  and  xuirsued  their  vocations  with  renewed  energy,  and 
confidence  increased  on  all  sides  in  our  ability  to  hold  our  own 
against  the  competition  of  a  wonderfully  enterprising  neigh- 
bor. Cities,  towns,  and  villages  were  built  up  with  a  rapidity 
not  exceeded  even  on  the  other  side  of  the  border,  and  tlie 
ambition  of  our  statesmen,  even  years  before  confederation, 
began  to  see  in  the  northwest  an  opportunity  for  still  greater 
expansion  for  the  energy  and  enterprise  of  the  i)eople.  The 
French  Canadian  learned  that  he  was  treated  in  a  spirit  of 
justice,  and,  instead  of  his  influence  diminishing  under  tlie  re- 
gime of  responsible  government,  he  had  become  the  potent 
factor  in  political  affairs. 


334  AMERICAN    HISTORICAL   ASSOCIATION. 

Then  lollowt'd  another  change  in  the  political  ]»osition  of  the 
jnovinces.  The  political  (lill^.ciilties  between  the  antagonistic 
elements  in  the  i)ailianient  cfold  Canada  certainly  showed  its 
statesmen  that  the  union  of  1841  had  done  its  work;  but,  look- 
ing «leeper  into  tJM'  causes  of  the  movement  that  led  to  the 
fe<ieral  union,  we  can  see  that  the  etfect  of  resi)onsible  govern- 
ment had  been  to  i>re]»are  the  public  mind  for  a  wider  sphere 
of  i)olitical  action.  The  time  had  come  for  placing  the  long- 
isolated  provinces  on  a  broad  basis  which  would  give  greater 
expansion  to  their  energies  and  industries,  and  afford  them 
that  security  for  self  i)reservation  ou  this  continent  which  it 
was  too  evident  was  absolutely  necessary  in  the  presence  of  an 
aggressive  and  seldom  generous  neighbor.  The  result  of  this 
statesmanship  was  the  establishnu'ut  of  a  confederation  pos- 
sessing eventually  a  territory  almost  equal  to  that  of  the  United 
States,  and  not  inferior  to  them  in  those  resources  which  form 
the  substantial  basis  of  a  nation's  greatness,  and  enjoying 
rights  of  self-government  which,  lialf  a  century  ago,  would 
have  seemed  a  mere  dream  to  those  Avho  were  fighting  to  give 
Canada  the  coi^trol  of  her  own  local  affairs,  free  from  the  in- 
terference of  governors  and  ofticials  in  London.  This  measure 
gave  to  Canada  many  of  the  attributes  of  a  sovereign  inde})end- 
eut  state.  England  now  has  only  the  right  to  disallow  such 
acts  of  the  Canadian  parliament  as  may  interfere  with  matters 
of  exclusively  imi)erial  Jurisdiction.  Canada  can  not  directly 
enter  into  and  perfect  treaties  with  foreign  jjowers — that  being 
an  act  of  national  sovereignty — but  her  right  to  be  consulted 
and  represented  in  the  negotiation  of  treaties  immediately 
affecting  her  interests  is  now  practically  almost  as  much  a  part 
of  our  unw^ritten  c«mstitution  as  responsible  government  itself 
The  days  of  the  weak  diplomacy  which  lost  Oregon  and  Maine 
to  Canada  have  passed  away.  The  public  men  of  the  United 
States  must  henceforth — as  Mr.  Blaine  has  learned  to  his  sur- 
prise— consider  the  Dominion  as  an  all-important  factor  in  all 
negotiations  affecting  its  territorial  or  other  interests. 

The  government  of  Canada  is  sujjreme  in  all  other  mat- 
ters of  i)urely  Dominion  import,  including  the  ai)pointment 
of  lieutenant-governors  and  the  administration  of  territories 
out  of  which  a  great  empire  could  be  formed.  Five  mil- 
lions of  people  now  inhabit  the  old  i»rovinces  of  Canada 
alone,  against  the  million  of  fifty  years  ago,  and  there  is  a 
cordon  of  cities,  towns,  and  villages,  surrounded  by  wheat 


PARLIAMENTARY  GOVERNMENT  IN  CANADA — BOUKINOT.    335 

fields,  stretcliing  to  the  mountains  of  British  Cohnnbia,  across 
those  immense  territories  whose  great  capabilities  for  feeding 
the  world  were  long  steadily  concealed  by  tbe  studied  j^olicy 
of  a  gigantic  corporation  which  valued  the  profits  of  the  fur 
trade  more  than  the  blessings  of  colonization,  and  which  itself 
was  a  relic  of  the  old  times  when  kings  parceled  out  large 
regions  with  the  same  lavishness  with  which  they  gave  jewels 
to  their  mistresses.  It  is  in  this  great  Northwest,  with  its 
enormous  possibilities,  that  the  future  of  Canada  lies.  The 
next  two  decades  of  j^ears  must  see  a  remarkable  change  in 
the  conditicm  of  Canada,  if  the  hopes  of  her  peojile  now  cen- 
tered in  that  vast  region  are  realized.* 

The  difticulties  which  the  Dominion  has  to  surmount  in  the 
working  out  of  its  political  system  are  many,  and  are  compli- 
cated at  times  by  the  conflict  of  sectional  jealousies  and  rival- 
ries, but  these  are  the  inevitable  sequence  of  the  government 
of  a  country  possessing  diverse  interests,  and  having  a  people 
with  a  remarkable  ajititude  for  political  controversy.     If  we 

"  Mr.  Barlow  Cwmberland,  president  of  the  Toronto  National  Club,  in  an 
introduction  to  a  series  of  papers  read  before  that  institution,  entitled 
"Maple  leaves"  (Toronto,  1891),  writes  with  much  force  and  kuowIedi;e: 
'•  In  mid  America  nature  has  clearly  nuirked  three  zones  of  growth.  Far  to 
the  south,  the  torrid  Cotton  Zone;  next  to  it  the  tepid  Corn  Zone,  wherein 
the  bulky  maize  or  Indian  corn  attains  to  its  maturity,  both  of  these  en- 
tirely within  the  coutines  of  the  United  States;  next  to  the  north  the 
temperate  Wheat  Zone,  iu  which  alternate  winter  cold  and  suunuer  heat 
are  needed  to  bring  *he  wheat  staple  to  its  full  perfection.  Of  this,  the 
wheat  zone  of  America,  the  United  i^tates  themselves  admit  that  but  one- 
third  is  within  their  territories  and  two-thirds  is  within  Canada.  Seeing 
then  that  men  eat  wheat  and  do  not  live  on  maize  or  cotton,  it  is  to  this 
Canada  of  the  future  that  Great  Britain  and  Europe  must  look  for  food, 
and  not  to  the  United  States,  These  facts  of  the  isothermal  warmth  and 
wheat  bearing  capacity  of  the  North  are  so  novel  to  the  stranger  that  the 
wonder  then  is,  not  that  our  poj»ulatiou  has  developed  with  comjiarative 
slowness,  but  that  it  has  increased  so  fast.  *  *  *  As  we  ourselves 
have  only  so  lately  discovered  this  fertile  belt,  locked  up  for  centuries  by 
the  great  fur  company  whose  interest  it  was  that  it  should  be  kept  an 
undeveloped  waste,  why  wonder  it  takes  the  people  of  foreign  lands  some 
time  to  believe  in  its  existence?  This  wealth  of  Canadian  wheat  fields 
we  have  so  far  but  barely  touched,  and  only  in  chief  by  the  migration  of 
our  own  Canadian  farmers  and  lishermen  from  their  eastern  homes,  yet 
already  in  this  land,  where  the  length  of  sunny  summer  daylight  gives 
eight  days  to  each  week,  'mid  the  rolling  hills  of  Manitoba  and  by  the  in- 
terweaving waters  of  Saskatchewan, 

" '  The  valleys  st.iiiil  so  thick  with  com 
That  they  laugh  and  sing.'  ' 


33G  AMERICAN    HISTORICAL    ASSOCIATION. 

compare  our  condition  with  that  of  tlif  United  States — for  we 
naturally  turn  to  our  ^reat  competitor  for  such  comparison — 
we  will  see  that  we  have  no  jj^reater  difticulties  to  contend  with 
than  they  had  during  the  tirst  century  of  their  existence.  For 
many  years  after  the  a<h)]»tion  of  the  constitution  of  1787 
there  were  men  who  doubted  the  stability  of  the  union,  and 
had  no  faith  in  the  development  of  the  West.  It  was  imi)ossi- 
ble,  in  their  opinion,  to  connect  the  East  and  West,  while  there 
was  an  immense  desert  between  the  Pacilic  and  the  old  settled 
states.  One  speaker  in  the  senate,  depreciating  the  value  of 
beautiful  Oregon,  said  that  "•  for  700  miles  this  side  of  the  Kocky 
Mountains  is  uninhabitable,"  and  "the  mountains  totally  im- 
passable." He  ridiculed  the  idea  of  a  railway  through  such  a 
territory,  "for  which  he  would  not  give  a  pinch  of  snuft'."* 
Yet  in  this  country,  once  described  as  the  desert,  there  are  now 
the  states  of  Missouri,  Kansas,  Nebraska,  Coh>rado,  and 
Dakota.  The  "impassable"  Rocky  Mountains  have  been 
crossed  by  great  lines  of  railway,  and  the  East  and  West 
united  by  continuous  communities  of  energetic  people. 

The  Canadian  people  are  only  repeating  in  their  Dominion 
under  more  favorable  circumstances  the  history  of  their  neigh- 
bors. The  rocky  country  to  the  north  of  lake  Superior  is  no 
more  a  barrier  to  Canadian  continuity  of  development  than  the 
once  fabulous  Sahara  of  the  United  States,  but  will  by  its  min- 
eral wealth  add  largely  to  the  i)rosperity  of  the  Dominion, 
The  evidences  of  national  unity — of  confidence  in  a  Canadian 
federation  from  the  Atlantic  to  the  Pacific — are  more  encour- 
aging than  any  alforded  by  the  United  States  at  any  time  in 
her  history  from  1787  to  1865,  when  the  civil  war  closed,  slavery 
and  secession  received  a  deathblow,  and  the  cause  of  na- 
tional unity  triumphed.  The  people  of  French  Canada  and 
of  all  the  provinces  have  gained  steadily  by  the  adoption  of  the 
federal  constitution,  and  under  no  other  system  would  it  be 
possible  to  give  due  scoi)e  to  the  aims  and  aspirations  of  the 
respective  nationalities  and  interests  that  compose  the  Domin- 
ion. It  is  a  system  which,  having  at  its  base  respect  for  local 
and  provincial  rights,  creates  at  tlie  same  time  a  spirit  of  com- 
mon or  national  interest  which  binds  diverse  and  otherwise 
isolated  communities  together  in  a  union  necessary  to  give 
them  strength  against  the  attacks  of  foes  within  and  foes  with- 


*  See  "Oregon,''  American  Commonwealth  series,  by  W.  Barrows,  pp, 
194-201. 


PARLIAMEXTAKY  GOVERNMENT  !>  (AN  ADA iJOLRINOT.    337 

out.  In  coimtiies  jit'opled  and  govcMiu'd  like  Canada,  all  his 
tory  t<'lls  us,  there  are  tiir(»(^  j^reat  dangers  always  to  be  avoided. 
F'^irst  of  all,  that  Sectionalism  which  is  narrow  and  seltish  in 
its  aspirations  and  is  evei-  nnderratinji'  the  vital  imprn'tanee  ot 
national  aims;  secondly,  that  Sectarianism  which  represent.^ 
the  bigotry  of  old  ages  of  religious  fends,  and  would  Jndge  all 
other  faiths  by  its  own  canons  and  beliefs;  thirdly,  that  Nation- 
alism which  Papineau  represented,  which  wiser  men  in  later 
times  have  repudiated,  and  which  may  be  as  dangerous  in  the 
English  west  as  in  the  French  east,  shoidd  it  ever  again  come 
to  mean  a  ••  war  of  races" — English  Canadian  against  Fren<-h 
Canadian. 

As  long  as  the  respective  members  of  the  federation  observe 
faithfully  the  x>rinciples  on  which  it  necessarily  rests — i)erfect 
equality  among  all  its  sections,  a  due  consideration  for  local 
rights,  a  deep  Canadian  sentiment  whenever  the  interests  of 
the  whole  federation  are  at  stake — the  people  of  this  Domini<m 
need  not  fear  failure  in  their  eflorts  to  accomplish  the  great 
work  in  which  they  have  been  so  long  engaged.  Full  of  that 
confidence  that  the  history  of  the  past  should  give  them,  and 
of  that  energy  and  courage  which  are  their  natural  heritage,, 
and  which  have  already  achieved  the  most  satisfactory  results 
in  the  face  of  difticulties  which,  fifty  3^ears  ago,  would  have 
seemed  insurmountable;  stimulated  by  their  close  neighbor- 
hood to  a  nation  with  whom  they  have  always  shown  a  desire 
to  cultivate  such  relations  as  arecompatible  with  their  dignity, 
their  security,  and  their  self-interest  as  a  separate  and  distinct 
community ;  adhering  closely  to  those  jirinciples  of  government 
which  are  best  calculated  to  give  r.ioral  as  well  as  political 
strength;  determined  to  put  down  corruption  in  whatever  form 
it  may  show  itself,  and  fo  cultivate  a  sound  public  opinion. 
Canadians  may  trauiiuilly,  patiently,  and  determinedly  face  the 
l>robi<^m  which  that  destiny  that  "  shapes  the  ends  "  of  coni- 
munities,  "  rough  hew  them  how  we  will,"  must  eventually 
solve  for  a  Dominion  with  such  great  i>ossibilities  before  it,  if 
the  people  are  but  true  to  themselves,  and  are  not  disumyed  by 
the  ill-timed  utterances  of  gloomy  thinkers. 

When  we  review  the  trials  and  struggles  of  the  past,  that 
we  may  gain  from  them  lessons  of  confidence  for  the  future, 
let  us  not  forget  to  pay  a  tribute  to  the  men  who  have  laid  the 
foundations  of  these  comnnmities,  still  on  the  threshold  of 
their  development,  and  on  whom  the  great  burden  fell;  to  the 
S.  Mis.  173 22 


338  AMERICAN    HISTORICAL    ASSOCIATION. 

French  Canadians  who,  amid  toil  and  privation,  amid  war  and 
famine,  built  up  a  province  which  they  have  made  their  own 
by  their  patieuc^e  and  industry,  and  who  .should,  diftcr  as  we 
may  from  them,  evoke  our  respect  for  their  fidelity  to  the  in- 
stitutions of  their  orij;in,  and  for  their  apju^eciation  of  the 
advantages  of  English  self-government,  and  for  their  coopera- 
tion in  all  great  measures  essential  to  the  unity  of  the  federa- 
tion ;  to  the  Loyalists  of  last  century  who  left  their  homes  for 
the  sake  of  "king  and  country"  and  laid  the  foundations  of 
prosperous  and  loyal  English  communities  by  the  sea  and  by 
the  great  lakers,  and  whose  descendants  have  ever  stood  true 
to  the  principles  of  the  institutions  which  have  made  England 
free  and  great;  to  the  unknown  body  of  Pioneers,  some  of 
whose  names,  perhax)s,  still  linger  on  a  headland  or  river  or  on 
a  neglect  Tf  *;ravestone,  who  brought  the  sunlight  year  by  year 
to  the  dense  forests,  and  built  up  by  their  industry  the  large 
and  thriving  i)rovinces  of  the  Dominion ;  above  all,  to  the  men 
who  laid  deep  and  firm,  beneath  the  political  structure  of  this 
federation,  those  principles  of  self-government  which  give  har- 
mony to  the  constitutional  system  and  bring  out  the  best 
finalities  of  an  intelligent  people.  To  all  these  workers  in  the 
past,  whether  pioneers  or  statesmen,  no  more  noble  tribute 
was  paid  than  the  following  verses  by  Josejdi  Howe: 

•Not  here?     Oh !  yes,  our  hearts  their  jiresence  feel. 

Viewless,  not  voiceless,  from  the  deepest  shells 
On  memory's  shore  harmonious  echoes  steal. 

And  names  Avhich  in  the  days  gone  by  Avere  spells 
Are  blent  with  that  soft  music.    If  there  dwells 

The  spirit  here  our  country's  fame  to  spread, 
While  every  breast  with  joy  and  triumph  swells, 

And  earth  reverberates  to  our  measured  tread, 
Banner  and  wreath  will  own  our  reverence  for  the  dead. 

'^  The  Roman  gathered  in  a  stately  urn 

The  dust  he  honor'd — while  the  sacred  fire, 
Nourish'd  by  vestal  hands,  was  made  to  burn 

From  age  to  age.     If  fitly  you'd  aspire. 
Honor  the  dead;  and  let  the  sounding  lyre 

Recount  their  virtues  in  your  festal  hours ; 
Gather  their  ashes — higher  still,  and  higher 

Nourish  the  patriot  flame  that  history  dow'rs; 
And  o'er  the  Old  Men's  graves,  go  strew  your  choicest  flowers. '"* 

*  From  a  poem,  "Our  Fathers,"  written  and  recited  by  the  Hon.  Joseph 
Howe  at  the  first  industrial  exhibition  held  at  Halifax,  N.  S.,  1853. 


PAKUAMENTARY  GOVEKNMENT  IN  CANADA BOURIXoT.    339 

11. — THE    0ON8TITUTIONAL    PRINCIPLES    AND    METHODS    OF 
PARLIAMENTARY   (rOVERNMENT   IN   CANADA. 

While  Caiuula  lias  been  able  to  attain  so  large  a  iiieasiiie  <»f 
lejiislative  indepen(len<'e  in  all  matters  of  internal  concern, 
there  still  ne(;essarily  exist  betw«'eii  her  and  the  parent  state 
those  lej^al  and  coustitntional  relations  which  are  <'on»}>atible 
with  the  n'spectivc!  positions  of  the  sovereij;n  anthority  of  the 
emi)ire  and  of  a  dejuMidency.  If  we  come  to  recapitulate  the 
various  constitutional  authorities  which  now  govern  the  Do- 
minion in  its  <'xternal  and  internal  relations  as  a  dependency 
of  the  crown,  we  tiiid  that  tlu'y  may  be  divided  for  general 
purposes  as  foUows:  (1)  The  (^ueen.  (2)  The  Parliament  of 
Great  Britain.  (3)  The  Judicial  Committee  of  the  Privy  Coun- 
cil of  England.  (4)  The  (iov^eninient  of  the  Dominion.  (5)  The 
Governments  of  the  Provinces.    (H)  The  ('ourts  of  Canada.* 

Before  proceeding  to  ex})lain  the  nature  of  the  relations  be- 
tween the  parent  state  and  the  dependency,  it  is  necessary  to 
refer  to  the  various  authorities  under  which  the  government 
of  the  Dominion  itself  is  cariied  on.  These  may  be  briefly 
detiued  as  foHows  :f 

(1)  The  queen,  in  whom  is  legally  vested  the  executive  au- 
thority; in  whose  name  all  commissions  to  office  are  made 
out;  by  whose  authority  parliament  is  called  together  and  dis- 
solved; and  in  whose  name  bills  are  assented  to  or  reserved. 
The  sovereign  is  reiiresented  for  all  puri)oses  of  government 
by  a  governor- general,  appointed  by  her  majesty  in  council, 
and  holding  office  during  pleasure;  responsible  to  the  imperial 
government  as  an  imperial  officer;  having  the  right  of  pardon 
for  all  offenses,  but  exercising  this  and  all  executive  powers 
under  the  advice  and  consent  of  a  responsible  ministry.  | 

(2)  A  ministry  <'omposed  of  thirteen  or  more  members  of  a 
privy  council ;  having  seats  in  the  two  houses  of  parliament ; 
holding  office  only  whilst  in  a  majority  in  the  popular  branch; 
acting  as  a  council  of  advice  to  the  governor-general ;  respon- 
sible to  parliament  for  all  legislation  and  administration.§ 

(3)  A  senate  composed  of  seventy-eight  members  appointed 


^  See  Juridical  Review  (Ediuburgh),  Ajjiil,  1890. 

t  See  Juridical  Review,  April,  1890;  Annals  of  the  American  Academy  of 
Political  Science  (Philadelphia),  July,  1890. 
t  B.  N.  A.  Act,  1867,  sees.  9, 10-12, 13, 14, 15. 
^B.  N.  A.  Act,  1867,  sec.  11. 


340  AMKRTCAN    ITTSTDRICAL    ASSOCIATION. 

by  the  crown  for  lilV.  tlioiijili    nMiioNahlc  hy  the  senate  itsflt 
tor  ])ankiii|>t«'y  or  crime;  liaviiij;  coiJnlinate  powers  at'  \v'^i> 
latioii  with  th<'  house  of«'oimuons,  exee[>t  in  the  case  of  nionc.\ 
or  tax  l»ills,wlii(*h  it  can  neither  initiate  nor  amend;  liavinj;  uo 
power  to  try  inipeaelinients;  having-  tlie  same  i)rivilej4es,  im 
munities,  and  ]>owers  as  tlie  Hnglisli  honse  of  4'ommons  when 
defined  by  Dominion  law.* 

(4)  A  iionsc  of  commons  of  two  iinndrcd  an<l  fifteen  mem- 
bers, <dect<'d  for  five  years  on  a  very  Ubcral  Dominion  francliise 
in  eleetoial  districts  fixe<l  by  a  Dominion  hiw  in  each  province; 
liable!  to  be  i»rt»ro^ncd  and  dissolved  at  any  time  by  the  gov- 
ernor-general on  the  advice  of  the  council;  having  alone  the 
right  to  initiate  money  or  tax  l)ills;  having  the  same  privileges, 
imnninities,  and  ])owers  as  the  English  lumse  of  commons 
Avhen  defined  by  D<>mini(m  law.t 

(5)  A  Dominion  judi<'iary,  comitoseci  of  a  suineme  court  of 
live  Judges,  acting  as  a  court  of  appeal  for  all  the  piovincial 
ccmrts;  sid)Ject  t<>  have  its  decisions  reviewe<l  on  ajtpeal  by  the 
judicial  committee  of  the  Queen's  privy  council  in  England ;  its 
judges  being  ai>i)ointed  by  the  Dominion  government,  but 
irremovable  except  for  cause  (m  the  address  of  the  two  houses 
to  the  governor-general.l 

The  several  authorities  of  government  in  the  provinces  of 
the  Federal  Fnion  may  be  briefly  defined  as  follows: 

(1)  A  lieutenant-governor,  ai)i)ointed  by  the  governor-gen- 
eral in  council  practically  for  five  years;  removable  by  the 
same  authority  for  cause;  exercising  all  the  i)Owers  and  re- 
si)onsibilities  of  the  liead  (»f  an  executive,  under  a  system  of 
parliamentary  government ;  having  no  right  to  reprieve  or  par- 
don criminals.§ 

(2)  An  executive  council  in  each  province,  composed  of  cer- 
tain heads  of  departments,  varying  from  five  to  twelve  in 
number  in  a  ])rovince,  called  to  ofti(;e  by  the  lieutenant-gover- 
nor; having  seats  in  either  branch  of  the  local  legislature; 
holding  their  positions  as  long  as  the}'  retain  the  confidence  of 
the  majority  of  the  people's  rei)resentatives;  responsible  for 
and  directing  legislation;  conducting  generally  the  adminis- 

*Ihid,  sees.  21-36. 

t  IhUl.,  sees.  37-39,  44-52. 

U&J^.,8ees.  96-101;  Can.  Stat.,  38  Viet.,  c.  11. 

$  B.  N.  A.  Act,  1867,  sees.  58-62,  66,  67. 


TAKLIAMKNTARY  GOVERNMENT  IN  CANADA — noUKINOT.    341 

tiiitioii  of  |)iihli('  atfairs  in  iioordaiicc  with  the  Iwa  aii<l  thr 
ciuiveiitioiis  (»tth«'  loiistitutioii.* 

(3)  A  Ic^ishituit*  ('oiiiiH)s«>(l  of  t\vt»  lionsj's — a  le^^ishitiv*- 
council  and  an  elected  assembly  in  four  inovinces  and  of  only 
an  elected  house  in  the  other  three  provinces.  The  legislative 
<'ouncillois  are  appointed  for  life  by  the  lientenant-ji'overnor  in 
council,  and  are  removable  for  the  same  reasons  as  are  sena- 
ators;  must  have  a  property  iiualilication,  except  in  Prince 
Kdward  Island  (when'  the  ui>i)er  house  is  ch'ctiv<');  can  not 
initiate  money  or  tax  bills,  but  otiierwisc  have  all  i»o\vers  of 
lej;islation  within  the  limits  of  the  British  North  Amcri<*a  act 
of  18()7;  catinot  sit  as  courts  of  impeachment.  The  leuislative 
assemblies  are  elected  for  four  years  in  all  cases  except  in 
(»|uebec,  where  the  term  is  live;  dissolved  at  any  time  by  the 
lieutenant- ji'overnor,  acting;  under  the  advice  of  his  council; 
4'lected  on  manhood  suffrajj;e  in  Ontario  and  Prince  Edwar<l 
Island  and  a  very  liberal  franchise  in  the  other  provinces.! 

(4)  A  Judiciary  in  each  of  the  provinces,  apjtointed  by  tlie 
j;()vern()r-g('neral  in  council,  only  removable  on  the  address  of 
the  two  houses  of  the  Dominion  ])arliameiit.|: 

As  regards  the  Territories  of  the  Northwest,  they  are  divided 
into  districts  for  purposes  of  general  and  h>cal  government. 
These  distri<-ts  are  represented  in  the  senate  Jind  liouse  of 
commons  by  two  and  four  uu^nd>ers  respectively.  The  Xorth- 
west  has  a  lieutenant  governor  ai)pointed  by  the  governor- 
general  in  council,  and  an  assembly  for  local  purposes  elected 
by  the  pe(»ple;  but  responsible  government,  in  the  complete 
sense  of  the  term,  does  not  yet  exist  in  the  Territories.§ 

Coming  now  to  review  the  general  features  of  the  govern- 
ment of  Oanada,||  we  see  that  at  the  head  of  the  executive 
power  of  the  Dominion  is  the  Queen  of  England,  guided  an<l 
advised  by  Ler  privy  council,  whose  history  is  coexistent  with 
that  of  the  regal  authority  itself.  Through  this  privy  coun- 
cil, of  which  the  cabinet  is  only  a  committee,  the  sovereign 
exercises  that  control  over  Canada  and  every  other  colonial 
dependency  which  is  necessary  for  the  preservation  of  the 

'I bid.,  sees.  63-66. 

f  B.  N.  A.  Act,  1867,  sees.  69-90. 
•     I  Ibid.,  sees.  9&-100. 

liRev.  Stat,  of  Caa.,  chap.  50;  Can.  Stat.  (1887),  chap8.  3,4. 

ii  The  remainder  of  this  chapter  is  largely  an  abridgment  of  a  part  of 
Bourinot's  "Parliamentary  Procedure  in  Canada,"  2d  ed. 


342  AMERK^AN    HISTORICAL    ASSOCIATION. 

unity  of  and  the  observance  of  the  obligations  that  rest  upon 
it  as  a  whole.  Every  act  of  the  pail  lament  of  Canada  is  sub 
Ject  to  the  review  of  the  (pieen  in  council  and  may  be  carried 
from  the  Cana<lian  courts  under  certain  legal  limitations  to  the 
judicial  committee  of  the  privy  council,  one  of  the  committees 
which  still  represent  the  judicial  powers  of  the  ancient  ]»rivy 
c<mncil  of  England.  The  parliament  of  Great  Britian — a 
sovereign  body  limited  by  none  of  the  constitutional  or  Ic.ual 
checks  Avhich  restrict  the  legislative  power  of  tlie  United 
States  congress — can  still,  and  does  actually,  legislate  from 
time  to  time  for  Canada  and  the  other  colonies  of  the  emitire. 
From  a  purely  legal  standpoint,  the  legislative  authority  oi 
this  great  sissembly  has  no  limitation  and  might  be  carried  so 
far  as  not  merely  to  restrain  any  of  the  legal  powers  of  the 
Dominion  as  set  forth  in  the  chaiter  of  its  constitutional  ac- 
tion, known  as  the  British  Nortli  America  act  of  18G7,  but 
even  to  repeal  the  ])rovisions  of  tliat  imperial  statute  in  whole 

or  in  part. 

But  while  the  sovereign  of  Great  Britain,  acting  with  the 

advice  of  the  privy  council  and  of  the  great  legislative  council 

of  the  realm,  is  legally  the  paramount  authority  in  Canada  as 

in   all  other  portions  of   the  Empire,   her  prerogatives   are 

practically  restrained  within  certain  well  understood  limits,  so 

far  as  concerns  those  countries  to  which  have  been  extended 

legislative  institutions  and  a  very  liberal  system  of  local  s<'lf- 

government.*     In  any  review  of  the    legislative   acts  of  the 

Dominion,  the  government  of  England  h  s  for  man}' years  ]»ast 

fully  recognized  those  princix)les    of   self-government   which 

form  the  basis  of  the  political  freedcun  of  Canada.     Ko  act  of 

the  parliament  of  the  Dominion  can  now  be  disallowed  except 

it  is  in  direc't  conflict  with  imi)erial  treaties  to  which  the  pledge 

of  England  has  been  solemnly  given,  or  with  a  statute  of  the 

imperial  legislature  which  applies  directly  to  the  dependency. 

The  imperial  parliament  may  legislate  in  matters  immediately 

affecting  Canada,t  but  it  is  understood  that  it  only  does  so  as 


*  "  It  is  tlierotbrc  a  tundamental  maxim  of  parliamentary  law  that  it  is 
unconstitutional  for  the  imperial  parliament  to  legislate  for  the  domestic 
aifa,irs  of  a  colony  which  has  a  legislature  of  its  owu."  Hearu,  Govern- 
ment of  England,  p.  598,  Appendix,  art.  on  "  The  Colonics  and  the  Mother 
Country." 

t"  The  general  rule  is  that  no  act  of  the  imperial  parliament  binds  the 
lolonies  unless  an  intention  so  to  bind  them  appears  either  by  express^ 
Avords  or  necessary  implication."     Hearu,  p.  596. 


PARLIAMENTARY  GOVERNMENT  IN  CANADA BOURINOT.    343 

a  rule  in  res])onse  to  addresses  of  her  people  through  their 
own  parliauieut,  in  order  to  give  validity  to  the  aets  of  the 
hitter  in  cases  where  the  Jiritish  North  America  act  of  1807 
is  silent,  or  has  to  be  snpi)lemented  by  additional  imperial 
legislation. 

That  act  itself  was  not  a  voluntary  eftbrt  of  imperial  author- 
ity, but  owes  its  origia  to  the  solemn  expression  of  the  desire 
of  the  several  legislatures  of  the  jnoviuces,  as  shown  by  ad- 
dresses to  the  <rown,  asking  for  an  extension  of  their  political 
])rivileges.*  Within  the  defined  territorial  limits  of  those 
]»owers  Avhich  have  been  granted  by  the  imperial  parliauient  to 
the  Dominion  and  the  provinces,  each  legislative  authority  can 
exercise  powers  as  plenary  and  ami)le  as  those  of  the  imperial 
parliament  itself  acting  within  the  sphere  of  its  extended  legis- 
lative authority.t  Between  the  parent  state  and  its  Canadian 
dependency  there  is  even  now  a  loose  system  of  federation 
under  which  each  governmental  authority  exercises  certain 
administrative  and  legislative  functions  within  its  own  consti- 
tutional limits,  while  the  central  authority  controls  all  the 
members  of  the  federation  so  as  to  give  that  measure  of  unity 
and  strength,  without  which  the  empire  could  not  keep  together. 
Each  government  acts  within  the  limits  of  its  defined  legisla- 
tive authority  with  respect  to  those  matters  which  are  of 
purely  local  concern,  and  it  is  only  when  the  interests  of  the 
Empire  are  in  direct  antagonism  with  the  privileges  extended 
to  the  colonial  dependency,  the  sovereign  authority  should  pr<'- 
vail.  This  sovereign  authority  can  never  be  exercised  arbi- 
trarily, but  should  be  the  result  of  discussion  and  deliberation, 
so  that  the  interests  of  the  parent  state  and  the  dependency 
may  be  brought  as  far  as  possible  into  harmony  with  one 
another.  The  written  and  unwritten  law  provides  methods  for 
agreement  or  compnmiise  between  the  authorities  of  the  parent 


*  See  argument  of  Hon.  Edward  Blake  before  the  judicial  coiuuiittee  in 
<ase  of  St.  Catharine's  Millhig  and  Lumber  Co.  is.  The  Queen,  published  at 
Toronto  in  1888. 

t  See  Hodge  ra.  The  Queen,  liourinot.  j».  112.  Also,  rorrespondence  on 
copyright  act  (Rev,  Stat,  of  Canada,  chap.  62),  Can.  Sess.  P.  ISJIO,  No.  35,  p.  10. 
For  respective  powers  of  Imperial  and  Canadian  Governments,  see  report 
of  committee  of  privy  council  of  Canada  relating  to  appeals  in  criminal 
oases  to  the  judicial  committee  of  the  privy  conncil  of  England,  Can.  Sess. 
P.  1889,  No.  77;  Federal  Government  in  Canada,  Johns  Hopkins  University 
Studies,  pp.  38-34;  Speech  of  Sir  John  Thompson,  ministerof  justice,  Can. 
Hans.,  March  27,  1889. 


344  AMERICAN    HISTORICAL    ASSOCIATION. 

state  and  its  dopendencies.  In  matters  of  law  the  privy  coun- 
cil is  guided  by  various  rules  which  wisely  restrict  appeals 
from  the  dependency  within  certain  definite  limits.  In  mat- 
ters of  legislation  and  administration,  on  which  there  maybe 
a  A^ariance  of  opinion  between  the  Canadian  and  the  Englisli 
gcvernment,  the  means  of  communication  is  the  governor- 
general  and  the  secretary  of  state  for  the  colonies.  The  former 
as  an  imperial  otiHcer  resp(msible  to  the  crown  for  the  perform- 
ance of  his  high  functions,  as  the  re])resentative  of  the  sov- 
ereign in  the  dependency,  will  lay  before  the  imperial  govern- 
ment the  opinions  and  suggestions  of  his  advisers  on  every 
question  wliich  att'ects  the  interests  of  Canada,  and  requires 
much  deliberation  in  order  to  arrive  at  a  fair  and  satisfa<'tory 
adjustment.* 

It  may  be  contended  thnt  there  is  no  absolute  written  law 
to  govern  these  relations — to  restrain  the  imperial  govern- 
ment in  its  consideration  of  Canadian  (piestions — to  give  a  pos- 
itive legal  indej)endence  to  the  Canadian  government  in  any 
respect  whatever;  but  in  answer  to  this  ]»urely  arbiti  ^^v  coii- 
tention  it  nuiy  be  argued  with  obvious  truth  that  when  the 
imi)erial  parliament  gave  the  Canadians  a  complete  system  of 
local  government  and  the  right  to  legislate  on  certain  subjects 
set  forth  in  the  fundamental  law  of  the  dei)endency  (the  Brit- 
ish North  America  act),  it  gave  them  full  jurisdiction  over  all 
such  matters  and  constitutionally  withdrew  from  all  interference 
in  the  local  concerns  of  the  colony.  More  than  that,  in  addi- 
tion to  the  obvious  intent  and  jjurpose  of  the  written  consti- 
tution of  the  Dominion,  there  are  certain  conventions  and  under 
standings  which  apjiear  in  the  instnu'tions  laid  down  by  tht' 
imperial  authorities  themselves  from  time  to  time  for  the  self 
government  of  these  cc'onial  connnunities  since  the  concession 
of  responsible  government — conventions  and  understandings 
which  have  as  much  force  as  any  written  statute,  and  which 
])ractically  control  the  relations  betAveen  England  and  Canad;», 
so  as  to  give  the  latter  the  unrestricted  direction  of  every  local 
matter  and  the  right  of  legislating  on  every  (piestion  sane 
tioned  by  the  terms  of  the  constitutional  law. 

The  British  North  America  act  then  recognizes  in  a  }>racti- 
cally  unrestricted  sense  the  right  of  Canada  to  govern  herseU', 
subject  oidy  to  the  general  control  of  the  sovereign  authority 


*"Tlu':  matter  is  ibngbt  out  between  the  colouial  govermuent  ami  t]i<> 
colonial  office."     Hearn,  p.  602. 


1 


PARLIAMENTARY  GOVERNMENT  IN  CANADA I501RIN0T.    345 

of  tlie  Empiie.  This  act  establishes  a  federal  system  which 
gives  control  over  dominion  objects  to  the  central  executive 
and  legislative  authority,  and  permits  the  governments  of  the 
provinces  to  exercise  certain  defined  municipal  and  local  pow- 
ers wit  i  a  ])rovincial  limits,  compatible  with  the  existence  of 
the  wide  national  authority  entrusted  to  the  Federal  Govern- 
ment. Within  its  local  statutory  sphere  each  provincial  entity 
can  exercise  powers  as  i^lenary  and  absolute  as  the  Dominion 
itself  within  the  wide  area  of  its  legislative  jurisdiction.  For 
tlie  settlement  of  questions  of  doubtful  jurisdiction  the  con- 
stitution provides  a  remedy  in  a  reference  to  the  courts  on  whose 
I  decision  must  always  largely  rest  the  security  of  a  federal  sys- 

1 1  tem,*  and  to  a  minor  degree  in  the  jiower  possessed  bytheDo- 

I  minion  government  of  disallowing  provincial  acts — a  power, 

I  however,  as  it  is  shown  elsewhere,  only  to  be  exercised  in  cases 

I  of  grave  emergency  or  of  positive  conilict  with  the  law  and  the 

I  constitution.t 

I  If  we  study  the  constitution  of  Canada  we  find  that  its  prin- 

I  ciples  rest  both  'in  tlie  written  and  the  unwritten  law.     In  the 

British  North  America  act  we  have  the  w  itteu  law  which 
must  direct  and  limit  the  legislative  functions  of  the  parlia 
ment  and  the  legislatures  of  the  Dominion.  While  this  act 
provides  for  executive  authority  and  for  a  division  of  legisla- 
tive powers  between  the  Dominion  and  the  Provinces — as  we 
have  seen  in  the  first  chapter  of  this  work — it  does  not  attempt 
to  give  legal  effect  or  definition  to  the  iiexible  system  of  pre- 
cedents, conventions,  an<l  understandings  which  so  largely 
direct  that  system  of  administration  and  government  which 
I  has  grown  up  in  the  course  of  two  centuries  in  England,  and 

which  has  been  gradually  introduced  into  Canada  during  the 
past  forty  years,  and  now  forms  the  gniiding  principles  of  par- 
liamentary government  in  the  two  countries.^: 

Xo  doubt,  strictly  speaking,  these  conventions  are  not  law 
in  a  technical  sense,  and  a  distinction  must  be  drawn  between 
the  law  of  the  constitution,  that  is  the  British  North  America 
act,  and  the  understandings  of  the  constitution.  If  these  are 
of  force  it  is  mainly  because  they  have  in  the  course  of  time 


I 


*  See  Dicey,  ''The  Law  of  the  Constitution,"  pp.  163-168. 

f  See  Bourinot.  "Federal  Goveruiiient  iu  Canada,"  pp.  58-65. 

t  ''With  reference  to  these  conventions  and  understanding,  see  Freeman, 
Growth  of  the  English  Constitution,"  pp.  114,  115.  Dicey,  "Law  of  the 
Constitution."     Bourinot.  "Federal  Government  iu  Canada,"  pp.  33. 


346  AMERICAN    HISTORICAL    ASSOCIATION. 

received  the  sanction  of  custom — of  an  iinderstandinfi'  on  the 
})art  of  the  i>eople  that  they  are  necessary  to  the  s;itisfactory 
operation  of  i)ailiamentaiy  government  and  to  the  security  of 
the  political  privileges  Avhich  Canada  now  possesses  as  a  self- 
governing  country.  If  a  conrt  ^v(n•e  called  up(m  to-morrow  to 
consider  the  legality  of  an  act  of  the  Dominion  Parliament, 
granting  large  sums  of  ]>nl)lic  money  for  certain  public  pur- 
poses, on  the  ground  that  it  had  not  received  the  recommenda- 
tion of  the  Crown  at  its  initiation,  in  pursuance  of  a  provision 
of  the  fundamental  law,  the  judge  could  properly  take  cogni- 
zance of  the  objection  and  adjudicate  thereon.  If  parliament 
were  to  exercise  its  legislative  authority  beyond  the  legal  term 
of  five  years  to  which  it  is  limited  in  express  terms,  its  acts 
after  the  expiratkm  of  its  legal  existence  might  be  called  into 
question  in  the  courts  of  Canada.  On  the  other  hand,  if  a 
}iiinistry  should  refuse  to  resign  when  it  is  clearly  shown  that 
it  has  no  majority  in  the  popular  body  of  the  legislature,  and 
can  no  longer  direct  and  control  the  legislation  of  the  country, 
the  courts  could  not  be  called  upon  to  take  cognizance  of  the 
fact  by  any  legal  act  of  theirs,  however  excited  public  opinion 
might  be  on  account  of  so  flagrant  a  violation  of  a  generally 
admitted  convention  of  the  constitution.  Parliament,  how- 
ever, in  the  practical  operation  of  the  constitution,  would  have 
a  remedy'  in  its  own  hands — it  <onld  refuse  supply  to  the  min- 
istry, which  would  eventually  liud  itself  unable  to  meet  pul>lic 
expenditures  except  in  the  few  instances  where  there  would 
be  statutory  authority  for  permanent  grants.  The  courts 
might  be  called  ujoon,  soon  or  late,  to  stop  the  levy  of  illegal 
taxes  or  otherwise  refuse  legal  sanction  to  certain  acts  arising 
from  a  violation  of  those  rules  aiul  maxims  which  govern  the 
operation  of  parliamentary  institutions.*  But  it  Avould  be  only 
under  such  extraordinary  circumstances — circumstances  prac- 
tically of  a  revolutionary  character — that  the  courts  could  be 


*See  Dicey,  Chap,  xv,  on  the  conventions  of  the  constitution,  in  -which 
be  shows  that  ''tlie  l»reuch  of  a  itnrely  conventional  rule,  of  a  maxim 
utterly  unknown  and  indceil  opposed  to  +he  theory  of  English  law,  ulti- 
mately entails  up»m  those  who  break  it  direct  conflict  with  the  uudoxibted 
law  of  the  land.  We  have  therefore  a  right  to  assert  that  the  force  which 
in  the  last  resort  coni]>els  oltcdieiice  to  constitutional  morality  is  notbing 
else  than  the  power  of  the  law  itself.  The  conventions  of  the  constitution 
are  not  law,  but  in  so  far  as  they  really  possess  binding  force  they  derive 
their  sanction  from  the  fact  that  whoever  breaks  them  must  liually  break 
the  law  and  incur  the  penalties  of  a  law-breaker." 


PARLIAMENTARY  GOVERNMENT  IN  CANADA — BOURINOT.    347 

(tailed  upon  to  iutorposo  in  the  woikiuju-  of  the  constitution. 
Jt  is  mainly  in  the  |i,ood  sense  and  the  jKditical  iustinets  of  the 
]>eople  at  large  that  these  conventions  find  that  sanction  which 
gives  them  a  force  akin  to  that  given  to  the  principles  of  the 
common  law.  A  ministry  that  violates  these  rules  and  con- 
ventions, Avhich  have  b<'en  long  approved  by  the  test  of  expe 
rience  as  necessary  for  good  and  eftective  government,  must 
soon  or  late  find  itself  subject  to  tlie  verdict  of  the  people 
under  the  written  law  which  dissolves  ])arliament  every  five 
years,  and  gives  the  legally  qualified  electors  an  opportunity 
of  condemning  or  approving  the  acts  of  the  men  who  have 
controlled  the  work  of  administration  and  legislation  in  the 
country.  The  strength  of  the  Canadian  system  of  government 
is  the  fact  that  it  not  only  rests  on  the  writteti  law  of  the  con- 
stitution, but  possesses  that  flexibility  whicli  accompanies 
conventions  and  understandings. 

In  arranging  the  details  of  the  federal  system  of  Canada 
the  framers  of  the  British  North  America  act  had  before  them 
the  experience  of  that  great  instrument  of  Federal  Govern- 
ment— the  Constitution  of  the  United  States — and  endeavored 
to  perfect  their  own  system  by  avoiding  what  they  considered 
to  be  inherent  defects  in  the  institutions  of  their  neighbors. 
But  wiiile  of  necessity  thej'^  were  forced  to  turn  to  the  political 
system  of  the  United  States  for  guidance  in  the  construction 
of  a  federal  system,  they  adhered  steadily  to  those  principles 
which  give  strength  to  that  system  of  English  parliamentary 
government,  and  whicli  their  own  ex])erience  for  forty  years 
had  shown  them  to  be  best  adai)ted  to  the  conditions  of  the 
confederation.  But  while  the  resolutions  of  the  Quebec  <'on- 
ference  gave  exi)ression  emi)hatically  to  the  desire  of  the  Cana- 
dian people  "  to  follow  the  model  of  the  r>ritish  constitution  so 
far  as  our  circumstances  will  permit,''  the  written  law  or 
British  North  America  act  sets  forth  only  in  general  terms  in 
its  enacting  clauses  the  constitution  of  the  executive  authority 
and  of  the  legislative  bodies,  where  are  reproduced  essential 
features  of  the  English  system.  While  in  the  character  of  the 
executive  and  in  the  bicameral  form  of  the  general  legislature 
we  see  an  imitation  of  English  institutions,*  we  detect  actually 
a  tendency  to  depart  from  the  English  model  in  the  provinces 


*  '^  The  true  merit  of  the  Iticameial  system  is  that  hy  dividiiij;  a  power 
that  would  otherwise  have  heeu  beyond  control  it  stuuies  an  essential 
guarantee  for  freedom."  Hearn,  p.  553.  See  Guizot,  History  of  Represent- 
ative Government,  p.  443;  Mill,  Representative  Government,  p.  233. 


348  AMERICAN   HISTORICAL    ASSOCIATION. 

where  tlie  ii[)i)er  cluiinbei'  in  several  instances  has  already  Ijeen 
abolished.  In  lliis  respect  the  Dominion  is  less  English  than 
the  United  States,  where  the  congress  of  the  federal  nnion 
and  all  th<;  state  legislatnres  have  rigidly  adhered  to  two 
houses.  When  we  come  to  consider  the  constitution  of  the 
executive  authority  in  the  Dominion  and  in  the  provinces  we 
see  that  conventions  and  understandings  mainly  govern  the 
methods  of  governnuMit  throughout  Canada.  Nowhere  do  we 
find  formally  set  forth  in  the  fundamental  law  of  Canada  the 
rules  and  maxims  Miiicrh  govern  the  cabinet  or  ministry  or 
government,  as  the  advisers  of  the  governor-general  or  of  the 
lieutenant-governors  are  indifferently  called,  in  accordance 
with  the  old  usage  which  Canadians  have  of  reproducing  old 
English  phrases.  We  tind  simply  stated  in  the  British  North 
America  act  that  there  shall  be  a  council  "to  aid  and  advise 
the  government  of  (Canada,"  and  the  persons  who  form  that 
council  are  "  chosen  and  summoned  by  the  governor-general 
and  sworn  in  as  prixy  councilors  and  members  thereof."  An 
executive  council  or  ministry  in  Quebec  and  Ontario  is  com- 
posed of  "  such  persons  as  the  lieutenant-governor  from  time 
to  time  thinks  fit."  The  constitution  of  the  executive  author 
ity  in  the  provinces  of  Nova  Scotia  and  New  Brunswick 
"  continues  as  it  existed  at  the  time  of  the  union  until  altered 
under  the  authority  of  this  act."* 

When  the  other  i)rovinces  were  added  to  the  union  their  ex- 
ecutive authority  was  defined  in  equally  general  terms,  t  Noth- 
ing is  said  of  the  principles  Lfy  which  ministers  come  into,  retahi, 
and  retire  from  oflice.  All  those  priiiciples  can  be  found  ordy  in 
the  dispatches  of  secretaries  of  state,  in  the  speeches  of  leading- 
statesmen  in  England  and  Canada — especially  of  those  in  the 
former  country  who  have  done  so  much  to  mold  the  system  in 
the  past — in  the  rules  and  usages  which  have  generally  re- 
<;eived  i)ublic  sanction  as  essential  to  the  satisfactory  operation 
of  responsible  government.  At  present  tliis  system  of  gov- 
ernment exists  in  all  its  force  in  the  dominion,  and  in  the 
provinces  as  well.  Canada  consequently  presents  the  first  in 
stance  of  a  federation  of  provinces  w^orking  out  in  harmony 
with  a  written  system  of  federal  law  that  great  code  of  char- 
ters, usages,  and  understandings  known  as  the  English  con- 
stitution. In  the  Dondnion,  however,  the  only  advisory  body 
known  to  the  constitutional  law  is  "the  queen's  privy  council 

*  B.  N.  A.  Act,  1867,  sees. ;  1. 12, 13,  64, 65. 66. 

t  Bonrinot,  "Parliaiuentary  I'roct'diire  in  Canada'"  (2(1  ed.). 


PARLIAMENTARY  GOVERNMENT  IN  CANADA — BOURINOT.    341) 

for  Canada,"  which  has  its  origin  in  the  desire  of  the  Canadian 
peojde  to  adapt  as  far  as  possible  to  their  own  circumstancCN 
the  ancient  institutions  of  the  parent  state.*  But  all  privy 
councilors  in  Canada  are  not  the  advisers  of  the  governor- 
general  for  the  time  being.  At  the  present  time  there  are  in 
Canada  over  fifty  gentlemen  called  privy  councilors,^  but  of 
these  only  a  small  proportion,  Irom  twelve  to  iitteen,  Ibrm  the 
f  actual  government  of  Canada.    Following  English  precedent 

the  governor-general  has  also  conferred  the  distinction  of  privy 
councilor  upon  several  distinguished  gentlemen  who  have  been 
speakers  of  the  senate  and  house  of  commons.     CNrntinuing 
;  English  analogy  it  maybe  argued  that  the  fact  that  these  gen- 

tlemen have  been  sworn  to  the  privy  council  gives  them  a  cer- 
■:  tain  limited  right  to  be  consulted  by  the  lepresentative  of  the 

I  sovereign  in  cases  of  political  emergency,  but  this  is  a  privi- 

5  lege  only  to  be  exercised  under  exceptional  circumstances  while 

\  Canada  enjoys  responsible  government.  %     l^oi"  instance,  on  tlie 

!  resignation  or  dissolution  of  a  ministry  the  crown  has  a  right 

J  to  consult  any  privy  councilor  with  respect  to  the  formation  of 

I  a  new  administration.    As  a  rule  of  strict  constitutional  prac- 

j  tice,  the  sovereign  should  be  guided  only  by  the  advice  of  merj 

I  immediately  responsible  to  parliament  and  to  the  crown  fur 

1  the  advice  they  tender.    The  members  of  the  cabinet  or  minis- 

i  try  which  advises  the  governor-general  must  be  sworn  of  the 

I  privy  council,  and  then  called  upon  to  hold  certain  depart- 

I  mental  ofdces  of  state.    They  are  a  committee  of  the  privy 

I  iouncil,  chosen  by  the  governor-general  to  conduct  the  admin- 

I  istration  of  public  affairs.    They  are  strictly  a  political  com- 

I  mittee,  since  it  is  necessary  that  they  should  be  members  of 

I  the  legislature.    The  political  head  of  this  cabinet  or  ministry 

!  *In  Ireland  there  is  also  a  privy  council.     In  the  i)r<)po8etl  federal  con- 

I  stitution  for  Australia,  the  name  suggested  is  •' Federal  executive  council." 

I  t  See  Col.  Office  List,  1891,  pp.  70,  71. 

1  \  ''The  king,  moreover,  is  at  liberty  to  summon  whom  he  will  to  his  privy 

I  council;  and  every  privy  councilor  has  in  the  eye  of  tlielaw  a  right  to  confer 

I  with  the  sovereign  ujion  matters  of  public  policy.     The  position  and  priv- 

I  ileges  of  cabinet  ministers  are  in  fact  derived  from  their  being  sworn  mem- 

I  bers  of  the  pri\y  council.     It  is  true  that  by  the  usages  of  the  constitution 

I  cabinet  ministers  are  alone  empowered  to  advise  upon  aflairs  of  state,  and 

I  that  they  alone  are  ordinarily  held  responsible  to  their  sovereign  and  to 

parliament  for  the  government  of  the  country.  Yet  it  is  quite  conceivable 
that  circumstances  might  arise  which  would  render  it  expedient  for  the 
king,  in  the  interests  of  the  constitution  itself,  to  seek  for  aid  and  counsel 
apart  from  his  cabinet."    Todd,  Vol.  i,  p.  116.    Also  Ibid.,  p.  334. 

I 
1 


1350  AiMERICAN   HISTORICAL   ASSOCIATION. 

is  knowii  as  the  prime  minister  or  premier — a  title  totally  un- 
known to  the  written  law,  and  only  recognized  by  the  eonven 
tions  of  the  constitution.*  It  is  he  who  is  first  called  u])on  by 
the  governor-general  to  form  the  advisory  body  known  as  the 
ministry.  His  death,  dismissal,  or  resignation  dissolves  ipso 
facto  the  ministry,t  and  it  is  necessary  that  the  representative 
of  the  sovereign  should  choose  another  public  man  to  fill  his 
place  and  form  a  new  administration.  The  premier  is  essen- 
tially the  choice  of  the  governor-general — a  choice  described 
by  a  great  English  statesman  as  "the  personal  act  of  the 
sovereign,"  since  it  is  for  her  alone  "  to  determine  in  whom 
her  confidence  shall  be  placed."  J  A  retiring  premier  may, 
in  his  capacity  of  privy  councilor,  suggest  some  statesman  to 
take  his  place,  but  such  advice  can  not  be  giA'en  unsolicited, 
])ut  only  at  the  request  of  the  crown  itself.§ 

But  this  personal  clioice  of  the  representative  of  the  sover- 
eign has  its  limitations,  since  the  governor-general  must  be 
guided  by  existing  political  conditions.  He  must  choose  a  man 
who  is  able  to  form  a  ministry  likely  to  possess  the  confidence 
of  parliament.  If  a  ministry  is  defeated  in  parliament,  it  would 
be  his  duty  to  call  upon  the  most  prominent  member  of  the 
party  which  has  defeated  the  administration  to  form  a  new 
government.  It  is  quite  competent  for  the  governor- general  to 
consult  with  some  influential  member  of  the  dominant  pohtical 
party,  or  with  a  privy  councilor, ||  with  the  object  of  eventually 

*Hearn,   "Government  of  England,"  p.  223.     See  Gladstone,  "Glean- 
ings," Vol.  I,  p.  244. 

t Gladstone,  "Gleanings,"  Vol.  i,  p.  243. 

tSir  Robert  Peel,  p.  83  Eng.  Hans.  (3),  1004.     Also  Lord  Derby,  p.  123; 
Ibid.,  p.  11701;  Disraeli,  p.  214;  Ibid.,  p.  1943. 

§  Todd,  Vol.  I,  pp.  116,  328. 

II  It  is  not  essential  that  the  person  selected  to  bring  about  the  construction 
of  a  new  cabinet  should  be  the  intended  prime  minister.  See  case  of  Lord 
Moira  in  1812;  17  E.  Hans.  (3),  p.  464;  Wellington  Desp.,  3d  ser.,  Vol.  ill, 
pp.,  636-642;  ifejd.,  VoL  iv,  pp.  3, 17,22.  In  1851,  after  the  resignation  of  the 
Russell  administration,  the  Duke  of  Wellington  was  consulted,  114  E.  Hans. 
(3),  1033,  1075.  In  1855,  after  the  resignation  of  Lord  Aberdeen,  among 
those  consulted  with  respect  to  the  formation  of  a  new  administration  was 
the  Marquis  of  Lansdowne,  123  E.  Hans.  (3),  p.  1702;  Greville's  Memoirs, 
Reign  of  Queen  Victoria,  Vol.  in,  pp.  203,  207.  In  1891,  on  the  death  of 
Sir  John  Macdonald,  Sir  John  Thompson,  minister  of  justice  in  the  admin- 
istration then  dissolved,  was  called  upon  by  Lord  Stanley,  governor-general 
of  Canada,  "  for  his  advice  with  respect  to  the  steps  which  should  be  taken 
for  the  formation  of  a  new  government."  Can.  Hans.,  June  16.  It  appears 
he  was  asked  to  form  an  administration,  but  he  declined  the  responsi- 
bility.    Ibid.,  June  23. 


PARLIAMENTARY  GOVKKNMKXT  IN  TANADA nOlRINOT.    351 

I  milking  such  a  choice  of  prime  iniiiister  as  will  insure  what  the 

I  crowu  must  always  keep  in  view — a  stron*--  and  durable  ad 

i  ministration  capable  of  carryinji  <»n  the  queen's  uovernment 

with  efficiency  and  a  due  regard  to  those  princijjles  which  the 
I  sovereign's  representative  thinks  absolutely  esseutinl  to  the 

I  interests  of  the  dependency  and  the  integrity  of  the  Empire. 

I  Once  the  statesman  called  upon  by  the  Crown  has  accepted 

I  the  responsibility  of  premier,  it  is  for  him  to  select  the  mem- 

I  bers  of  his  cabinet  and  submit  their  names  to  the  governor 

i  general.     The  premier,  in  short,  is  the  choice  of  the  governor- 

1  general;  the  members  of  the  cabinet  are  practically  the  choice 

I  of  the  prime  minister.*     The  governor-general  may  constitu- 

I  tioually  intimate  lii«  desire  that  one  or  more  of  the  members  of 

i  the  previous  administration,  in  case  of  a  reconstnu'ted  ministry, 

I  or  of  the  political  party  in  power  in  case  of  an  entirely  new 

I  cabinet,  should  remain  in  or  enter  the  government,  but  while 

i  that  may  be  a  matter  of  conversation  between  himself  and  the 

I  premier,  the  crown  sliouM  never  so  press  its  views  as  to  ham- 

I  per  the  chief  minister  in  his  effort  to  form  a  strong  administra- 

tiou.t  As  the  leader  of  the  government  in  parliament,  and  a 
chief  of  the  dominant  political  party  for  the  time  being,  he  is  in 
the  best  position  to  select  the  materials  out  of  which  to  con- 
struct a  strong  administration,  and  his  freedom  of  choice  should 
not  be  unduly  restrained  by  the  representative  of  the  sover- 
eign, except  in  cases  where  it  is  dear  that  imperial  interests 
or  the  dignity  or  the  honor  of  the  crown  might  be  impaired, 
conditions  almost  impossible  to  arise  in  the  formation  of  a 
ministry.  The  premier  is  the  constitutional  medium  of  com- 
munication betw^een  the  governor-general  and  the  cabinet;  it 
is  for  him  to  inform  his  excellency  of  the  policy  of  the  govern- 
ment on  every  imijortaut  public  question,  to  acquaint  him  with 
all  proposed  changes  or  resignations  in  the  administration.  It 
is  always  allowable  for  a  minister  to  communicate  directly  with 
the  governor-general  on  matters  of  purely  administrative  or  de- 
partmental concern;  every  minister  is  a  privy  councilor,  and  as 
such  is  an  advisor  of  the  crown,  whom  the  governor-general 

*  When  Sir  Robert  P«el  took  office  in  1834,  the  principle  was  for  the  first 
time  established  that  the  premier  should  have  the  free  choice  of  his  col- 
leagues.    Peel,  Mem.,  "Vol.  ii,  pp.  17,  27,  3.5. 

t  See  Torrens,  ''Life  of  Lord  Melbourne,"  Vol.  i.  p.  233.  Colchester's 
Diary,  Vol.  in,  p.  501. 


,1.„,„^„^. 


352  AMERICAN    HISTORICAL    ASSOCIATION. 

may  consult  ifln*  thinks  proper;  but  all  nnitters  of  ministerial 
action,  all  conclusions  on  questions  of  ministerial  policy,  can 
only  be  constitutionally  connnunicated  tn  liini  by  his  prime 
minister.  It  is  for  the  latter  to  keep  the  crown  informed  on 
every  matter  of  executive  action.*  It  is  not  necessary  that  he 
should  hv  told  of  the  discussions  and  arguments  that  may  take 
phu'e  in  the  cabinet  while  a  question  of  policy  is  under  its  con- 
sideration, but  the  moment  a  conclusi(tn  is  reached  the  <;o\ - 
ernor-general  must  be  made  aware  of  the  fact  and  his  api)roval 
formally  asked.  All  minutes  and  orders  in  (M)uncil  must  be 
submitted  for  his  a])proval  or  signature,  and  the  fullest  infor- 
mation given  him  on  every  question  in  which  tin'  crown  is  in- 
terested and  which  may  sooner  or  later  demand  his  oflBcial  rec- 
ognition as  the  constituti«nnil  head  of  the  executive. 

AVhen  a  new  administration  is  formed — whether  it  is  a  mere 
reconstruction  of  an  old  cabinet  under  a  new  premier,  or  an 
entirely  new  government — there  must  be  a  thorough  under- 
standing between  the  prime  minister  and  his  colleagues  on  all 
questions  of  ])ublic  policy  which  at  the  time  are  demanding 
executive  and  legislative  action.  The  cabinet  must  be  pre- 
X)ared  to  act  as  a  unit  on  all  (luestions  that  may  arise  in  the 
legislature  or  in  connection  with  the  administration  of  public 
aii'airs,  and  if  there  be  a  difference  of  opinion  between  the 
premier  and  any  of  his  colleagues,  which  is  not  susceptible  of 
compromise,  the  latter  must  resign  and  give  place  to  another 
minister  who  will  act  in  harmony  with  the  headof  thecabinet.T 
While  each  minister  is  charged  with  the  administration  of  the 
ordinary  affairs  of  his  own  department,  he  must  lay  all  ques- 
tions involving  i»rinciple  or  policy  liefore  the  whole  cabinet, 
and  obtain  its  sanction  before  submitting  it  to  the  legislature. 
Once  agreed  to  in  this  way,  the  measure  of  one  department 
becomes  the  measure  of  the  whole  ministry,  to  be  supported 
with  its  whole  influence  in  parliament.  The  ministry  is  respon  - 
sible  for  the  action  of  every  one  of  its  members  on  every  question 
of  policy,  and  the  moment  a  minister  brings  up  a  measure  and 
[daces  it  on  the  government  orders  it  is  no  longer  his,  but  their 
own  act,  which  they  must  use  every  effort  to  pass,  or  make  u]> 
their  minds  to  drop  in  case  it  does  not  meet  with  the  approval 

*  Hearn,  ]>.  223. 
Ubid.,  p.  218. 


PAKLTAMKNTARY  CiOVERNMENT  IN  CANADA HOrRINOT.    O'),! 

<>i'  the  lej^jishituie.*  The  respDiisibility  of  the  cabinot  for  each 
of  its  members  must  eease  when  a  particular  member  of  the 
cabinet  assumes  to  himself  the  blame  of  any  .acts  and  (|uits 
the  government  in  consequence;  and  while  by  remaining;-  in 
office  and  actinf>"  toji'ether,  all  the  members  take  n\)(m  them- 
selves a  retrosjx'ctix  e  resjionsibility  for  what  any  collea;jfue  has 
done,  it  ceases  if  they  disavow  and  disapjn'ove  of  the  ]»articn- 
lar  act  upon  the  lirst  occasion  tliat  it  is  jtublicly  called  in  (pies 
tion.t  If  a  j>()vernment  feels  that  it  is  comjjromised  by  the 
misconduct  of  a  colleague,  he  must  be  immediately  removed.l 

A  government  once  formed  is  inunediately  resi)onsible  for 
the  work  of  administration  and  legislation.  As  a  rule,  parlia- 
ment  should  be  reluctant  to  interfere  with  those  details  of  ad 
ministration  which  ])roperly  and  conveniently  ai)pertain  to  a 
department,  and  it  is  only  in  cases  where  there  is  believed  to 
be  some  infraction  of  the  law  or  of  the  constitution  or  some 
violation  of  a  public  trust,  that  the  house  will  interfeie  and 
inquire  closely  into  administrative  matters.§  It  nnist  always 
be  remembered  that  parliament  is  the  court  of  the  people,  their 
grand  in(|uest,  to  which  all  matters  relating  to  tha  public  con- 
duct of  a  ministry  or  of  any  of  its  members  as  heads  of  de])ait- 
ments,  must  be  submitted  for  review  under  the  rules  of  con- 
stitutional xirocednre  that  govern  such  cases.  By  means  of  its 
committees  parliament  has  all  the  machinery  necessary  for 
making  complete  inquiry,  when  necessary,  into  the  nianaae- 
ment  of  a  public  department.  Especially  in  relation  to  the 
public  expenditures  has  the  house  of  C(mimons  the  responsi- 
bility devolved  upon  it  to  see  that  every  payment  is  made  in 
accor<lance  with  law  and  economy,  and  that  no  suspicion  of 
wrongdoing  rests  on  the  department  having  the  disposition 
of  any  public  funds.  !| 


*  "The  essence  of  responsible  government  i8  that  mutual  bond  of  respon- 
sibility one  for  another,  wherein  a  government,  acting  by  party,  go  together 
and  frame  their  measures  in  concert."  Earl  of  Derby,  134  E.  Hans.  (3),  p. 
834.  See  also  remarks  of  Lord  Pahnerstou,  Mirror  of  P.,  1838,  p.  2429.  Also 
of  Mr.  Disraeli,  111  E.  Hans.  (3),  p.  1332. 

t  Lord  Derby,  150  E.  Hans.,  pp.  579-070.  A  new  ministry  can  not  be  held 
responsible  for  the  misconduct  of  one  of  their  members  under  a  previous 
administration.     Todd,  Vol.  ii,  p.  481.     Also  Ibid.,  Vol.  I,  pp.  540-543. 

t  Hearn,  p.  198. 

^  May,  Const.  Hist.,  Vol.  ii,  p.  85.     Todd,  Vol.  i,  pp.  418,  465-468. 

II  See  the  reports  of  the  committee  of  public  accounts  in  the  Canadian 
Commons  Journals  from  1867  to  1891 — especially  in  the  latter  year — which 

S.  Mis.  173 23 


354  AMEUICAN    HISTOiaCAL   ASSOCIATION. 

Every  act  done  by  a  resi)ousil)U'   minister  of  the  crown, 
haviiij^  any  ixilitical  sif^iiificjiuce,  is  a  fitting  subject  for  com 
iiient,  and,  if  necessary,  for  censure  in  either  house.*     Jiut  it 
is  ail  admitted  priii(ii>le  of  sound  constitutional  government 
thiit  the  fiuntioiis  <»(■  parliament  arc,  strictly  speaking,  those 
of  contr<»l  and  not  of  administration,  iind   undue  interference 
with  executive  authority  ism<»st  inexpedient,  and  an  infraction 
of  the   Crown's   prerogative.!     Ministers   are    primarily  and 
always  responsible  for  the  administration  of  their  respective 
departments,  and  it  is  for  them  to  stand  between  the  perma 
nent  mm-political  oflQcials  and  the  censure  of  the  houses  when 
the  latter  are  acting  strictly  within  their  functions  as  advisers 
an<l  assistants  of  their  political  heads  immediately  answerable 
to  the  parliament  and  the  country  for  the  efficient  administra 
tion  of  jtublic  aifairs.| 

A  government,  however,  will  itself  agree  to  submit  to  special 
parliamentary  committees  the  investigation  of  certain  questions 
of  administration  on  which  it  may  itself  desire  to  elicit  a  full 
expression  of  opinion,  and  all  the  facts  possible,  but  it  is  not 
the  constitutional  duty  of  such  committee  to  lay  down  a  public 
policy  on  any  question  of  gravity.  That  is  a  duty  of  the  re- 
sponsible ministry  itself,  which  should  not  be  shifted  on  another 
body.  The  legislative  and  executive  authorities  should  act  as 
far  as  possible  within  their  respective  spheres.  It  is  true  the 
house  acts,  in  a  measure,  in  an  executive  capacity;  it  does  so, 
not  as  a  whole,  but  only  through  the  agency  of  a  committee  of 
its  own  meml)ers — the  government  or  ministry — and  while  it 
may  properly  exercise  control  and  supervision  over  the  acts  of 
its  own  servants,  it  should  not  usurp  their  functions  and  im- 
pede unnecessarily  the  executive  action  of  the  men  to  whom 

illustrate  the  importaut  functious  assumed  by  this  committee  in  Canada 
since  its  formation  in  1867.  Also  Can.  Hans.,  August  19, 1891.  Also  in  the 
same  session,  proceedings  and  reports  of  the  committee  of  privileges  and 
elections,  called  upon  to  inquire  iuto  various  allegations  relating  to  certain 
tenders  and  contracts  for  public  works  in  Canada. 

*  Earls  Derby  and  Russell,  171  E.  Hans.  (3),  1720,  1728.  Grey,  Pari. 
Govt.,  p.  20. 

t  11  May,  Constitutional  History,  Vol.  ii,  pp.  85, 86.  See  also  Macaulay, 
History  of  England,  Vol.  ii,  p.  436. 

t  Todd,  Vol.  I,  pp.  628, 629.  Also  Ibid.,  Vol.  ii,  p.  217 ;  174  E.  Han8.(3),  p. 
416, 184 /6id.,  p.  2164;  217  Ibid.,  p.  1229;  219  i&id.,  p.  623 ;  Grey,  Pari.  Govt, 
new  ed.,  p.  300. 


rAKLIAMKNTARY  GOVERNMENT  IN  CANADA — IJOrUINOT.    35') 

it  has,  (rom  the  necessity  of*  thiiijjs,  ('(nistitutioiially  intrusted 
tlio  niiina«;<'inciit  of  adininistiatixe  niattns.* 

Such  (|ursti(»ns  can  only  l>c  etlcctively  administered  \>\  -i 
body  chos«'ii  expressly  t'oi-  that  ])uri)ose.  If  it  is  clear  tliat  the 
ministry  or  any  of  its  mend)ers  are  incompetent  t()  discharjj^e 
their  functions,  parliament  then  must  evince  its  desire  to  recall 
the  aulhoiity  it  had  delegated  to  them,  and  the  crown,  reeo{jf- 
jiizinj?  the  ri<iht  of  that  body  to  c(mtroI  its  own  comnnttee,  will 
sele<t  from  the  two  houses  another  set  of  iiu'u  who  appear  to 
luxve  its  confidence  and  to  whom  it  is  willinj^  to  intrust  the 
administration  of  public  affairs. 

Besides  availinji  itself  of  tlie  assistance  of  select  ]>arliamen- 
tary  committees  in  s]»ecial  cases  rerpiiriufr  the  collection  of 
evidence  bearinjjf  on  a  question,  the  jiovernment  may  also,  by 
the  exercise  of  the  prerojiativet  or  in  pursuance  of  statutory 
atitliority,!  ap]K)int  a  royal  commission  to  make  incpiiry  into 
matters  on  which  the  crown  or  the  country  rcipiires  accurate 
and  full  information.  In  this  way  a  j;reat  number  of  valuable 
facts  ])relinHnary  i<t  executive  and  le.<>islative  action  may  be 
elicited  with  res])ect  to  ([uestions  which  are  ajjfitatin^  the  ])ub- 
lic  mind.  Questions  affectinji'  the  relations  of  capital  aiul 
labor,  §  the  improvi'ment  aiul  enlarjicment  of  the  canal  or  rail- 
way system,  i|  the  employment  of  Chinese  labor,^]  the  collection 
of  facts  as  to  the  practicability  of  a  prohibitory  liquor  law,** 
are  anion<r  the  matters  that  can  legitimately  be  referred  to  such 
royal  commissions  with  the  view  of  assisting  the  government 
and  parliament  in  coming  to  a  sound  decision  before  agreeing 
to  the  passage  of  legislation  on  such  subjects.  Questions  even 
affecting  the  honor  of  the  government  itself  have  been  referred 


"  See  remarks  of  Lord  Paliuerstoii.  150  E.  Hans.  (3),  p.  1357;  164  Ibid., 
p.  99.     ALso  Austin.  "  Plea  for  the  Constitution,"  p.  24. 

t  Todd,  Vol.  IX,  p.  432.  See  Pacific  Kailway  Committee  of  1873,  2d  Bess., 
Can.  Com.  Jour. 

I  See  Rev.  Stat,  of  Can.,  chap.  10.  By  chap.  114,  Rev.  Stat,  of  Canada, 
whenever  the  <;overuor-in-counoil  deems  it  expedient  to  cause  an  inquiry 
to  be  made  into  and  concerning  any  matter  connected  with  the  good  gov- 
ment  of  Canada,  or  the  conduct  of  any  part  of  the  public  business  thereof, 
the  commission  may  summon  and  enforce  attendance  of  witnesses,  who  may 
be  examined  under  oath. 

$  Can.  Sess.  P.,  1889,  No.  A. 

Wlbid.,  1871,  No.  54. 

f  Ibid.,  1885,  No.  54. 

**  See  resolution  passed  in  Canadian  Commons,  June  24,  1891.       _^^ 


356  AMERICAN   HI8T0KICAL   ASSOCIATION. 

to  a  roynl  commission  in  the  interest  of  o'ood  government  wlien 
a  parliamentary  <'omniittee  hfis  been  unable  to  attain  the  object 
desired  by  the  h(;use  of  commons.*  While  it  may  be  some- 
times decidedly  tor  the  public  advantage  that  the  crown  should 
itself  appoint  a  commission  to  make  full  and  impartial  incpiiry 
into  such  questions,  it  should  in  no  wise  interfere  with  the 
privileges  and  duties  of  i)arliament  as  the  great  political  court 
of  the  country. 

In  the  evolution  of  parliamentary  government  ministers  have 
>)ecome  responsible  not  only  for  the  legislation  which  they 
themselves  initiate,  but  for  the  control  and  supervision  of  all 
legislation  which  is  introduced  by  private  members  in  either 
house.  In  the  speech  with  which  i)arliament  is  opened  there 
is  gAierally  a  reference  to  the  leading  measures  which  the 
government  propose  to  present  during  the  session.  This^ 
speech,  however,  does  not  do  more  than  indicate  in  almost 
abstract  terms — terms  intended  to  make  the  document  unob- 
jectionable from  a  political  point  of  view — the  intended  legis- 
lation on  matters  of  public  interest.  It  is  generally  expected 
that  the  measures  outlined  in  the  speech  will  be  introduced 
during  the  session;  but  it  is  admitted  by  authorities  that 
"  ministers  are  not  absolutely  bound  to  introduce  particular 
measures  commended  to  the  consideration  of  parliament  in  the 
royal  speech  at  the  opening  of  the  session.  Sometimes  the 
press  of  ])ublic  business  will  necessitate  the  postponement  of 
intended  legislation  to  a  future  session,"  For  instance,  in  1S70, 
the  queen's  speech  to  the  English  parliament  promised  a  licens- 
ing bill,  a  trade  union  bill,  and  a  legal  taxation  bill,  none  of 
which  measures  were  brought  down  that  session. 

It  is  the  duty  of  the  government  to  initiate  or  promote  legis- 
lation on  every  question  of  public  x)oliey  which  requires  atten- 
tion at  the  hands  of  the  legislature. 

No  feature  of  the  English  system  of  parliamentary  govern- 
men.t  stands  out  in  such  nmrked  contrast  with  the  irresponsible 


*  Charges  in  connection  witli  the  contemplated  Canadian  Pacific  Rail- 
road. See  dispatches  of  Lord  Dufferiu,  Can.  Com.  J.,  1873  (2d  sess.).  Ex- 
ception was,  however,  taken  to  the  ap]>oiutment  of  the  commission  as  au 
interference  with  the  right  of  the  Commons  to  inquire  into  high  political 
offenses,  pp.  226,  227.  The  commissioners  in  this  trying  case  simply  re- 
ported the  evidence  they  had  tak»;ii,  and  stated  no  conclusion,  on  the 
ground  that  the  execution  of  their  functions  should  not  in  any  way  *•  preju- 
dice whatever  proceedings  parliament  might  desire  to  take." 


PARLIAMENTARY  GOVERNMENT  IN  CANADA — BOURINOT.    357 

system  that  prevails  in  the  congress  of  the  United  States  as 
that  which  re([uires  that  there  shall  be  a  body  ot"  men  specially 
chosen  from  the  majority  to  lead  parliament,  and  made  imme- 
diately responsible,  not  only  for  the  initiation  and  supervision 
of  public  legislation,*  but  for  the  control  of  private  measures 
so  far  as  they  may  concern  the  public  at  large. 

While  private  members  have  a  perft^ct  right  to  present  bills 
on  every  subject  except  for  the  imi)Osition  of  taxes  and  the 
expenditure  of  jjublic  money,  they  do  not  act  under  that  sense 
of  respo]isi])ility  which  naturally  influences  ministers  who  are 
the  leaders  of  the  liouse  and  amenable  to  parliament  and  the 
crown  for  their  policy  on  all  matters  of  public  legislation.  Min- 
isters alone  can  initiate  measures  of  public  taxation  and  ex- 
penditure under  the  constitutional  law,  which  gives  control  of 
such  matters  to  the  crown  and  its  a<lvisers,  while  the  conven- 
tions and  understandings  of  the  constituti(m  have  gradually 
intrusted  them  also  with  the  direction  and  supeivision  of  every 
matter  which  demands  legislative  enactment.  In  the  ordinary 
nature  of  things  no  measure  introduced  by  a  private  member 
can  become  law  unless  the  ministry  gives  facilities  for  its  pas- 
sage. If  the  house  should  i)ress  on  their  attention  a  particuhu" 
measure  they  must  be  i)repared  to  give  it  consideration  and 
assume  full  ministerial  responsibility  for  its  passage  or  rejec 
tion.  They  must  on  all  occasions  have  a  policy  on  every  ques- 
tion of  public  interest,  and  can  not  evade  it  if  they  wish  to 
retain  the  confidence  of  parliament  and  of  the  c<mntry.  As  a 
rule  private  members  perform  a  u;-ieful  public  duty  in  bringing 
up  measures  which  illustrate  ))ublic  sentiment  in  various  direc- 
tions. Parliament  is  essentially  a  deliberative  body,  and  its 
not  least  important  function  is  to  prepare  the  public  mind  for 
useful  legislation  and  to  give  it  effect  at  the  earliest  possible 

*  Todd,  Vol.  II,  p.  394.  Hearu.  p.  536.  Mr.  Gladstone,  p.  192.  E.  Hau.^ 
(3),  pp.  1190-1194.  A  select  coininittee  on  the  pnblic  business  of  the  Eng- 
lish Commons  has  set  forth  that  "  although  it  is  expedient  to  preserve  for 
iudivid'.ial  members  ample  o]»]>(trtuiiity  lor  the  introduction  and  passage  of 
legislative  measures,  yet  it  is  the  prinuiry  duty  of  the  advisers  of  the  <rowii 
to  lay  before  jiarliament  such  changes  in  the  law  as  in  their  judgment  are 
necessary ;  and  while  they  possess  the  confidence  of  the  house  of  commons 
and  remain  responsible  for  good  government  and  for  tliesatVty  of  the  state, 
it  would  seem  reasonable  that  a  preference  should  be  yielded  to  them,  not 
only  in  the  introduction  of  their  bills,  but  in  the  ojiportunity  of  pressing 
them  on  the  consideration  of  the  house."  E.  Corns.  Pap.,  1861,  Vol,  xi,  p. 
436. 


358  am?:ricax  historical  association. 

iiioiiient.  Private  members  consequently  can  materially  assist 
the  government  by  their  suggestions  for  the  amendment  of  the 
law.  It  would,  however,  be  an  evasion  of  the  sound  prin«iple 
of  ministerial  responsibility  if  a  government  should  attempt, 
by  means  of  purely  abstract  resolnti(ms  or  by  the  agency  of 
select  committees,  to  obtain  fiiom  jjarliament  the  enunciation 
of  the  principles  that  shouhl  guide  them  in  maturing  a  measure 
which  imperatively  demands  legislation  at  their  hands.*  It  is 
their  duty  to  gauge  public  opinion  on  every  subject  from  tlie 
utterances  of  x)ublic  men  and  of  the  ])ublic  press,  and  lay  down 
the  main  features  of  the  policy  that  should  be  adopted.  Hav- 
ing submitted  a  measure  to  the  consideration  of  parliament, 
they  should  be  ready  to  perfect  it  by  the  assistance  of  the 
houses. 

The  rules  of  jtarliament  are  framed  for  the  sj^ecial  purpose 
of  giving  every  opi)ortunity  to  the  house  itself  to  consider  a 
measure  and  amend  it  at  various  stages.  Ministers  should 
always  be  ready  to  adoi)t  such  amendments  as  are  compatible 
with  the  general  principles  of  the  measure,  and  should  they  feel 
compelled  to  recede  from  any  position  which  they  have  taken, 
it  is  a  proper  concession  to  the  sujierior  wisdom  of  a  deliberate 
body,  and  no  admission  necessarily  that  they  have  lost  the 
confidence  of  the  legislature.  It  is  for  them  to  "press,  as  far  as 
reason  and  consistency  dictate,  their  own  views  as  to  details 
and  endeavor  as  a  rule  to  ariive  at  a  compromise  rather  than 
ultimately  lose  a  measure. 

A  distinguished  English  statesman,  whose  judicial  fairness  in 
matters  of  coustitutiona!  procedure  is  admitted  by  all  students 
of  political  science,  has  well  said  that  he  "did  not  think  it 
would  be  for  the  public  advantage  if  a  government  should  con- 
sider itself  bound  to  carry  every  measure  in  the  house  exactly 
in  the  shape  they  had  proposed  it,  but  he  hoped  that,  with  re- 
sj)ect  to  questions  of  legislation  affecting  the  whole  body  of 
the  peoi)le,  of  whose  feelings  so  many  members  must  be  cog- 
nizant, the  house  wcmld  retain  some  of  its  legislative  author- 
ity." t     Another  eminent  statesman  has  admitted  that  "  with 


*See  remarks  of  Mr.  Lowe  on  a  proposition  of  Mr.  Disraeli  to  go  into 
committee  of  the  whole  to  consider  the  (^nestion  of  a  reform  act;  IBo  E. 
Hans.  (3),  p.  960.  Also  Earl  Grey ,  pp.  1294, 1288.  Mr.  Ciladstone's  proposed 
motion;  rfejrf.,  pp.  1021, 1022.    See,  also.  233 /6jrf.,  pp,  1753, 1825. 

t  Lord  John  Russell,  73  E.  Hans.  (3).  p.  1638. 


PARLIAMENTARY  GOVERNMENT  IN  CANADA BOURINOT.    359 

respect  to  many  great  measures,  the  sense  of  the  legiskiture 
ought  to  i)re vail ;  and  that  if  no  <>Teat  principle  be  involved 
and  very  dangerous  consequences  ar(^  not  exjiected  to  result, 
the  government  ought  not  to  declare  to  parliament  that  they 
stake  their  existence  as  a  government  on  any  particular  meas- 
ure, but  are  bound  on  certain  occasions  to  pay  proper  defer- 
ence to  the  expressed  opinions  of  their  supporters/'*  But  it 
must  be  a(hled,  if  the  measure  under  consideration  embodies  a 
policy  to  which  the  p(»litical  faith  of  the  ministeis  is  pledged, 
vhich  they  consider  indissolubly  coiuiected  with  their  own 
existence  as  a  government,  chosen  from  a  particular  i)arty, 
and  from  which  they  can  not  recede  without  a  sacrifice  of 
principle  and  dignity,  they  must  at  once  assume  the  ground 
that  its  defeat  or  material  amendment  means  their  resigna- 
tion or  an  appeal  to  the  i)eople  in  case  they  believe  the  liouse 
does  not  represent  the  sentiment  of  the  country  on  the  ques- 
tion at  issue. 

Isolated  defeats  of  a  government  possessing  the  confidence 
of  parliament  do  not  necessarily  demand  a  resignation,  but 
when  the  people's  house  continues  to  refuse  its  confidence  to 
them,  it  is  impossible  for  them  to  remain  in  ofiice.t 

Although  it  is  not  usual  for  a  minister  of  the  crown  to  take 
charge  of  a  private  bill,  it  is  the  special  duty  of  the  govern- 
ment, as  the  resi)onsible  leaders  of  legislation,  and  the  chosen 
guardians  of  the  public  interests  in  parliament,  to  watch  care- 
fully the  progress  of  private  legislation  in  the  house  and  its 
committees,  and  see  that  it  does  not  in  any  way  interfere  with 
the  policy  of  the  ministry  or  the  statutory  law  in  reference  to 
the  public  lands,  railways,  canals,  public  works,  and  such 
other  interests  as  are  intrusted  to  the  Dominion  authorities. 
It  is  in  the  standing  committees  of  the  house  that  the  super- 
vision of  i)rivate  bill  legislation  is  chiefly  exercised.  One  of 
the  most  important  committees  of  the  commons,  that  of  rail- 
ways, canals,  and  telegraph  lines,  has  fre(iuently  for  its  chair- 
man one  of  the  ministers  of  the  crown,  and  the  minister  in 
charge  of  railways  is  also  one  of  its  members,  whose  special 
duty  it  is  to  watch  closely  all  legislation  that  may  al!ect  the 
policy  of  the  government. 

In  a  country  like  Canada,  stretching  over  such  a  wide  area 

*  Sir  R.  Peel,  Ihid.,  pp.  1639,  1640. 

t  LordJohu  Russell,  Mirror  of  P.,  1841,  pp.  2119,  2120. 


3G0  AMERICAN   HISTORICAL   ASSOCIATION. 

of  territory,  haviiij;  so  many  di  vorsitied  interests  and  resources, 
requiring  to  be  developed  by  puTdic  and  private  legislation, 
the  committees  of  this  class  Lave  j;reat  responsibilities  resting 
upon  them.  The  federal  system  divides  jurisdiction  over  a 
great  variety  of  subjects  between  the  Dominion  and  the  Prov 
inces,  and  it  is  therefore  the  special  duty  of  each  government 
to  see  that  (piestiims  of  conflict  aie  avoided  and  each  legisla- 
tive authority  acts  within  the  fundamental  law. 

When  a  ministry  is  defeated  in  parliament  its  members  must 
resign  their  respective  otYices  of  state  unless  the  jxditical 
conditions  are  such  as  to  justify  the  governor  general  to  giant 
them  an  appeal  to  the  peoi)le.  When,  however,  they  are  pre- 
pared to  give  way  to  a  new  government,  they  only  remain  in 
office  until  their  successors  are  appointed.  Up  to  that  time 
they  should  carry  on  the  work  of  their  departments.  If  the 
])olitical  body,  known  as  tlie  cabinet  or  minititry  is  dissolved 
ipso  facto  by  the  death,  resignaticm,  or  dismissal  of  the  chief 
minister,  the  heads  of  dei)artments  continue  to  hold  ofiice  until 
they  are  asked  to  retiie  or  contiiuie  in  otlice  by  the  new 
l)remier.*     It  is  always  understood  that  in  such  an  event  it  is 

for  the  premier  to  intimate  his  wishes  in  the  matter.  In  thi> 
case,  however,  it  is  the  understandings  and  conventions  of  the 
constitution  that  control  the  formation  of  the  ministry. 

From  a  legal  point  of  view  the  heads  of  departments,  such 
as  the  minister  of  railways,  the  minister  of  linance,  or  the 
minister  of  public  works,  hold  their  ofUce  by  statutory  enact 
ment  regulating  tlieir  respective  departments.  Their  offices 
are  iield  ''during  pleasure"  and  they  must  either  formally 
resign  or  be  formally  dismissed  when  the  cabinet  is  dissolved 
in  accordance  with  constitutional  understanding.  The  premier, 
in  the  case  of  dismissal  or  resignation,  is  the  usual  medium  of 
communication  by  whom  the  representative  of  the  sovereign 
expresses  the  wishes  of  the  crown,  t  In  case  an  entirely  new 
ministry  is  formed  by  the  premici-,  and  all  the  members  of  the 
former  administration  have  resigned,  those  members  of  the 

*  It)  Pari.  Dob.,  p.  735;  195  E.  Hans.  (3),  p.  734.  Mirror  of  P.  1830,  pp. 
273,  53fi,  541;   fhid.,  1834,  p.  2720.     Todd.  Vol.  il,  p.  513. 

t205  E.  Hans.  (3),  p.  1290;  Wellinjrton  Dispatches,  3<l8er.,yol.  iv,  p]). 
210,  213,  215.  It  is  competent,  however,  for  a  minister  to  resign  his  office 
at  a  formal  interview  with  the  sovereign  or  her  representative.  Lewis, 
Administrations,  j).  1 18.  iiott\     Wa]])ole,  Life  of  Perceval,  Vol.  ii,  p.  234. 


PARLIAMENTARY  GOVERNMENT  IN  CANADA BOURINOT.    361 

privy  council  who  accept  a  departmental  otlice  iu  the  goveru- 
luent  must  seek  reelection  in  conformity  with  the  statute 
regulating  the  independence  of  parliament.  The  fact  that  a 
man  is  sworn  to  the  privy  council,  and  is  a  member  of  the 
political  body,  known  as  the  cabinet  or  ministry  for  the  time 
being,  does  not  vacate  a  seat  in  parliament  and  demand  a 
1  eelection  by  the  people,  but  the  fact  that  a  i)rivy  councilor 
is  appointed  to  a  certain  salaried  oflice  mentioned  in  the  statute 
iu  (question.  When  there  is  a  reconstruction  ctf  a  cabinet,  on 
the  death  ov  resignation  of  a  premier,  no  recUection  is  neces- 
sary iu  the  case  of  those  departmental  heads  who  continue  to 
hold  office  in  the  government,  though  it  may  be  a  new  govern - 
iuent  in  a  i)olitical  sense.*  Even  if  a  miaister  shouhl  resign 
his  former  ofdce  and  take  another  in  the  new  administration 
no  reelection  is  necessary  in  his  case.  It  is  not  necessary 
either  under  the  English  or  the  Canadian  law  for  a  minister  to 
\  ii'-ate  his  seat  in  case  he  is  reappointed  to  an  office  he  had 
resigned  upon  a  change  of  ministry  unless  some  one  else  had 
been  ap])oi  iited  and  held  the  oftice  in  the  interim.  As  stated  by 
high  authority  ''  ministerial  offices  are  not  vacated  by  a  mere 
resignation,  but  only  on  the  appointment  of  a  successor."! 
The  Canadian  law,  as  shown  elsewhere,  provides  only  for  a 
a  reelection  in  the  case  of  a  minister  resuming  office  after  he 
has  resigned  and  a  successor  in  a  new  administration  has 
occupied  the  same  office.!  ]\Iend)ers  of  a  government  are  sworn 
in  as  privy  councilors,  and  consequently  when  a  new  cabinet 
is  formed  those  men  who  have  been  previous  to  that  event 
sworn  in  as  members  of  the  queen's  privy  council  for  Canada 

'  For  instance,  on  tlio  death  of  Sir  E.  Tachft  in  1865,  Sir  Naroisso  Belleu!! 
^vas  made  premier.  The  former  members  of  the  cabinet  remained  in  ofhc-e. 
See  Turcotte,  Canada,  Sous  I'Union,  Vol.  li,  pp.  565,  566.  On  the  deatli 
of  Sir  John  Macdcmald,  in  1891,  Mr.  Abbott,  a  member  of  the  privy  council 
and  leader  of  the  senate,  was  appointed  premier,  and  all  members  of  the 
former  administration  retained  th«'ir  oftices.  See  Can.  Hans,  commence- 
ment of  volumes  for  1890  and  1891 .  where  there  are  lists  of  ministers  of  each 
<abinet.  For  J^n.iilish  cases:  Liverpocd  administration  on  assassiTiationoi" 
Mr.  Perceval  in  1812;  Twiss.  Life  of  Lord  Eldon,  Vol.  i,  pp.  493,497; 
Russell  administratiim  on  death  of  Viscount  Palmerston  in  1865;  Ann. 
Rejr.  (1865)  p.  159;  Disraeli  administration  on  retirement  of  Earl  of  Derby 
in  1868;  Todd,  Vol.  i,  p.  240. 

t  See  2  Hatsell,  4.0  note,  p.  894. 

4  Bouriuot's  "Procedure  and  Practice,"  p.  177. 


362  AMERICAN   HISTORICAL    ASSOCIATION. 

need  not  aji'ain  take  the  outli  of  office  wliicli  binds  them  to 
secrecy,*  while  acting  in  that  ca])acity.  Once  privy  couuciHois, 
they  remain  vso  until  formally  dismissed  for  good  and  sufficient 


*  "Tho  obligation  of  keeping  the  king's  oonnsel  inviolably  secret,  is  one 
that  rests  upon  all  <abiiiet  inliiisters  and  other  responsible  advisers  of  the 
erowri,  by  virtue  of  the  oath  which  they  take  ^vhen  they  are  made  nieui- 
bers  of  the  privy  lonueil."  Todd,  Vol.n,  p.  84.  See  Ihxd,  p]».  83,  84.  The 
oaths  taken  in  Canada  by  a  privy  councillor,  and  a  member  of  a  cabinet 
on  acceptance  of  a  departmental  office,  are  .•»s  follows: 

lUK    OATH    OK    TlIK    MKMnEIJS   OF    THK    I'lUVY    COl'XCIL. 

You, ,  do  soleiiiidy  })romise  and  swear  that  yon  will  serve 

Her  Majesty  truly  ami  faithfully  in  the  ])lace  of  her  council  in  this  Her 
Majesty's  Dominion  of  Canada;  yon  will  keep  close  and  secret  all  such 
matters  as  shall  he  treated,  deflated,  and  resolved  on  in  i>rivy  council,  with- 
out ])ublishing  or  disclosinf;  the  same  or  any  part  thereof,  by  word,  writ- 
ing, or  any  otherwise  to  any  person  out  of  the  same  council,  but  to  such 
only  as  he  of  the  council,  and  yet  if  any  matter  so  propounded,  treated,  and 
debated  in  any  such  privy  council,  shall  touch  any  particular  person,  sworn 
of  the  same  council,  upon  any  such  matter  as  shall  in  anywise  concern  his 
loyalty  and  fidelity  to  the  Queen's  Majesty,  you  will  in  nowise  open  the 
same  to  him,  but  keep  it  secret,  as  you  would  from  any  person,  until  the 
Queen's  Majesty's  pleasure  be  known  in  that  behiilf.  You  will  in  all 
things  to  be  moved,  treated,  and  debated  in  any  such  privy  council,  faith- 
fully, honestly,  and  truly  declare  your  mind  and  opinitiu  to  the  honor  and 
benefit  of  the  Queen's  Majesty,  and  the  good  of  her  subjects  without  par- 
tiality or  exception  of  pcrscms,  in  nowise  forbearing  so  to  do  from  any 
manner  of  respect,  favor,  love,  meed,  displeasure,  or  dread  of  any  person 
or  persons  vv'hatsoever.  In  general  you  will  Ite  vigilant,  diligent,  and  cir- 
cumspect in  all  your  doings  touching  the  Queen's  Majesty's  affairs;  all 
which  matters  and  things  you  will  faithfully  observe  and  keep,  as  a  good 
councilor  ought  to  do,  to  the  utmost  of  your  power,  will,  and  discretion. 
So  help  me  God. 

OATH   OF  ALLEGIANCE. 

I, ,  do  sincerely  promise  and  swear  that  I  will  be  faithful 

and  bear  true  allegiance  to  Her  Majesty  Queen  Victoria,  as  lawful  sovereign 
of  the  United  Kingdom  of  Great  Britain  and  Ireland  and  of  this  Dominion 
of  Canada,  dependent  on  and  belonging  to  the  said  kingdom,  and  that  I 
will  defend  her  to  the  utmost  of  my  j)ow  er  against  all  traitorous  conspiracies 
or  attempts  whatever,  which  shall  be  made  against  her  person,  crown,  and 
dignity,  and  that  I  will  do  my  utmost  endeavor  to  disclose  and  make  known 
to  Her  Majesty,  her  heirs,  and  successors,  all  treasons  or  traitorous  con- 
spiracies and  attemjits  which  I  shall  know  to  be  against  her  or  any  of 
them;  and  all  this  I  do  swear  without  any  equivocation,  mental  evasion  or 
secret  reBervatiou.     So  help  me  God. 


FARLIAMENTARY  GOVERNMENT  IN  CANADA — liOUKINOT.    303 

f-ause  by  the  crown.  If  reiiisrated  then  they  must  again  be 
swoiii  in  lis  ])iivy  councillors.* 

It  will  be  seen  from  th<'  forej^oini:' brief  review  how  largely 
the  precedents  a:i<l  conventions  of  the  political  constitution  of 
England  mould  and  direct  the  parliamentary  government  of 
Canada.  The  written  or  fundamental  law  lays  down  only  a 
few  distinct  rules  with  relerence  to  the  executive  and  legisla- 
tive authority  in  the  Dominion  and  the  provinces,  and  leaves 
sufficient  opi)oi'tnnityfor  the  play  and  oj)eration  of  those  flexi- 
ble xirincii)le-^  which  have  made  the  parliamentary  government 
of  England  and  of  her  depcniL'ncies  so  admirably  suited  to  the 
development  of  the  best  energies  and  abilities  of  a  people. 

Like  the  common  law  of  England  itself  the  system  of  par- 
liamentary government  which  Canadians  now  i)ossess — to  ap- 
ply the  language  of  an  eminent  American  publicist  with  respect 
to  the  common  law — "  is  the  outgrowth  of  the  habits  of  thought 
and  action  of  the  peojile.  Its  maxims  are  those  of  a  sturdy 
and  independent  race,  accustomed  in  an  unusual  degree  to 
freedom  of  thought  and  acti<m,  and  to  a  share  in  the  adminis- 
tration of  public  affairs;  and  arbitrary  power  and  uncontrolled 
authority  are  not  recognized  in  its  principles." t 

III. — PARLIAMENTARY    GOVERNMENT    COMPARED   WITH    CON- 
GRESSIONAL  GOVERNMENT. 

We  see  both  in  the  political  and  legal  systems  of  the  United 
States  and  of  the  Canadian  Dtmiinion  the  fundamental  prin- 
ciples of  the  parliamentary  goveinment  and  the  common  law 
of  England;  but  necessarily ,,  in  the  course  of  time,  very  im- 
portant divergencies  have  grown  up  in  the  two  countries  in 

OATH   OF   MIXISTKUS   OX   TAKIXG   POKTFOLIO. 
MIXISTKK   OF . 

I, ,  do  solomuly  promise  aud  swear  that  I  will  duly  and  faith- 
fully do  to  the  best  of  my  skill  and  knowledge  execute  the  powers  and 
trusts  reposed  in  me  as  minister  of .     So  help  me  God. 


The  foregoing  oath  was  taken  and  suhsrribed  by ,  the 


as  minister  of before  me,  being  duly  empowered  under  a 

commission  from  his  excellency  the  governor-general  to  administer  the  said 
oath  at  Ottawa,  this day  of . 


*  Case  of  Mr.  Fox,  dismissed  in  1798,  and  reinstated  in  1866,  Jesse,  Geo, 
III,  Vol.  ni,  pp.  361,  472,  Also  of  Lord  Melville,  resworn  of  the  council, 
after  his  dismissal  for  alleged  malfeasance  in  oflQce.  Haydn,  "Book  of 
Dignitaries,"  p.  135. 

tCooley,  '*  Constitutional  Limitations,"  pp.  32,  33, 


364  AMERICAN    HISTORICAL    ASSOCIATION. 

the  opeiatioii  of  those  i>iincii>Ies.  Cauada,  (!h)sely  adhering 
to  the  example  and  practice  of  the  parent  state,  has  followed 
in  their  integiity  all  those  princii)les  of  parliamentary  govern- 
jnent  whi(di  makes  the  cahinet  or  ministry  responsible  for 
every  act  of  administrjition  :ind  legislation.  The  <^)ueeu  or  her 
representative  acts  nnder  the  advice  of  a  responsible  ministry, 
wliich  holds  its  position  as  long  as  it  retains  the  contidence  of 
the  crown,  and  the  majority  of  the  ])e()ple's  representatives  in 
the  legislature.  In  the  United  States  ti»e  President  and 
his  cabinet  have  no  direct  responsibility  to  congress.  Par- 
liamentary government,  in  a  few  words,  is  a  system  of  respon 
sibility  to  the  crown  or  its  rei)resentative,  and  to  the  legisla- 
ture, which  is  i)ractically  sui)reme  during  its  legal  existence, 
only  cimtiolled  by  the  prerogative  right  of  the  crown  to  dis- 
miss its  advisers  and  dissolve  the  i)arliament  on  occasions 
of  grave  jmblic  necessity.  C<mgressional  government  is  a  sys- 
tem under  which  congress  controls  legislation,  and  the  work 
oi'  administration  in  all  essential  respects,  by  means  of  its 
numerous  conmiittees,  without  the  enormous  advantage  of 
having  advisers  of  the  executive  present  to  direct  legislation 
and  otherwise  control  the  i)ractical  operation  of  government. 

In  the  United  States  a  discussion  has  (piite  recently  grown 
up  among  thoughtful  men — aiinuig  those  men  who  are  always  in 
advance  of  the  purely  practical  politician  and  ambitious  states- 
man too  ready  to  meet  only  the  political  exigency  of  the  mo- 
ment and  the  mere  demands  of  party — whether  the  English 
or  Canadian  system  has  not  many  decided  advantages  over  the 
system  that  ])revails  in  the  United  States — a  system  Avhich 
divides  all  the  jKjwers  of  government  among  so  many  authori- 
ties, and  i)Iaces  so  many  checks  on  each  that  responsibility 
is  weakened,  and  the  unity  aiul  effective  operation  of  govern 
ment  seriously  impaired.  On  the  other  hand,  perhaps  .among 
Canadians  themselves,  at  times  when  the  political  difliculties 
of  Canada  are  intensified  by  the  rivalry  of  parties  and  the  un- 
scrupulous methods  of  party  managers,  men  Avill  be  found  to 
question  the  advantages  of  responsible  government  itself.  It 
may  be  asked  whether  as  the  country  grows  older  we  shall 
continue  to  adhere  to  those  principles  of  parliamentary  or  re- 
sponsible government  which  notably  distinguish  Canada  from 
her  neighlxus,  or  whether  there  is  any  appearance  of  a  gravi- 
tation towards  the  political  institutions  of  the  Federal  Re- 
pul)lic.    In  the  opinion  of  the  writer  there  is  no  tendency 


PAKLIAMENTAKY  GOVEKNMKNT  IN  CANADA BOUKINOT.    365 

whatever  in  Caiuula  to  clian^^e  the  .system  of  lesixmsible  j?«»v- 
erimu'iit  foi'  the  relatively  inrsponsihle  system  whieh  exists 
in  the  Uiiiti'd  States  at  Washington  as  well  as  in  every  stat«' 
of  the  union;  and,  indeed,  if  there  was  any  sueh  tendency,  I 
think  a  little  retlection  will  show  that  any  such  chan<j;e  would 
not  be  in  the  direction  of  j»(>i)ular  liberty,  of  i)oi)iilar  sover- 
eignty, of  political  morality,  or  of  efficient  government. 

Althouj;h  some  Canadians  may,  according  to  tlieir  political 
proclivities,  doubt  if  theii-  country  is  always  well  governed, 
none  of  them  can  raise  the  issue  that  it  is  not  governed  enough. 
If  there  is  safety  in  a  nudtitmh'  of  counsellors,  then  (-anada 
need  assuredly  have  no  fears  of  the  futui-c.  One  most  im 
l)ortant  result  so  fai-  of  the  contest  for  a  complete  system  of 
parliamentary  government  that  was  fought  ])y  the  people  of 
the  British  Xorth  American  provinces  during  the  (century  now 
at  its  close,  and  that  reached  its  logical  and  successful  conclu- 
sion with  the  establishment  of  the  federal  system  that  unites 
all  the  provinces,  has  been  the  formation  of  a  strong  central 
government  to  deal  with  the  national  or  general  affairs  of  the 
Dominion,  and  of  seven  sei)arate  governments  having  distinct 
authority  to  deal  with  the  local  and  nmnii-ipal  affairs  of  the 
several  provinces  that  constitute  the  federation.*  So  it  hap- 
pens that  the  Dominion,  with  a  po]»ulation  of  about  r),0(M),(HM) 
souls,  finds  presiding  over  the  administration  of  its  public 
affairs  a  body  of  men,  constitutionally  known  as  the  queen's 
privy  council  of  Canada,  but  commonly  called  a  ministry,  or 
cabinet,  or  government,  consisting  at  the  present  time  of  fifteen 
ministers,  of  whom  one  has  a  seat  in  the  council  without  office. 
Coining  now  to  the  provinces  and  commencing  with  the  east, 
we  find  that  Prince  Edward  Island,  with  a  population  of  1 10,(100 
l^eople,  has  an  executive  council,  a  name  generally  given  to  the 
local  cabinets  or  ministries,  of  nine  members,  of  whom  six  are 
without  office.  If  ova  Scotia,  with  a  population  of  less  than  half 
a  million,  the  province,  too,  where  representative  institutions 
were  first  established  in  the  Dominion,  has  an  executive  council 
of  seven   members,  of  whom   four  are  without  office.t    New 

*The  territories  of  Canada  have  also  a  system  of  representative  govern- 
ment, and  the  right  to  manage  their  purely  local  aifairs.  hut  they  have  not 
yet  been  organized  into  provinces  with  responsible  government.  See 
Bouriuot's  "Parliamentary  Practice,"  etc.   (Montreal,  1892),  pp.  76,77. 

t  A  legislative  ass'-mbly  met  at  Halifax  in  October,  1758,  or  one  year  be- 
fore the  fall  of  Quebec.  See  Bourinot,  "Manual  of  the  Constitutional 
History  of  Canada,"  pp.  96,  97. 


306  AMERICAN    HISTORICAL    ASSOCIATION. 

iJniuswick,  whit'li  was  sepHvated  from  Nova  Scotia  in  IST-'J,  with 
a  populatioi!  now  of  32(),()0(>  souls,  has  an  exocutive  council  of 
seven  niciiibcis.  of  whom  only  two  are  without  ottice.  In  the 
French-Canadian  province  of  (Quebec,  witli  a  i>o[»ulation  of 
l,r>0(),()0(),  of  whom  the  En;i;lish  Canadians  form  a  small  minor 
ity,  the  ministry  consists  of  nine  <'ouncillors,  of  whom  only  one 
is  without  i)ortlolio.  The  province  of  Ontario,  with  a  popida 
lion  of  over  2,(M)0.0()0  souls,  a  province  always  ably  and 
economically  governed,  had  until  quite  recently  an  executive 
council  of  only  seven  mend)ers,  all  of  whom  had  cliarge  of  some 
department,  but  now  it  has  been  decided  to  adopt  the  luxury 
in  vogue  in  the  other  provinces  and  bring  in  an  executive  coun- 
cilor without  oflfi<^e.  The  new  jirovince  of  Manitoba,  with  a 
population  of  ir>0,(K)(>  souls,  has  an  executive  council  of  five 
niend)ers,  all  of  wlnmi  hold  some  ofllice  of  state.  Passing  by 
the  great  territories  of  the  Northwest,  Avith  a  whole  i)opulation 
of  70,000  soids,  still  without  resi)onsible  governun^nt,  although 
the  lieutenant-governor  possesses  a  small  advisory  body  with 
limited  powers,  composed  of  members  of  the  legislative  as- 
sembly, we  come  to  the  mountain  province  of  British  Columbia, 
with  a  poi)ulation  of  less  than  100,000  i)eople,  and  an  executive 
council  of  live  members,  of  whom  one  is  called  the  president. 
So  we  see  that  the  Canadian  peoi)le  in  their  wide  countrj^ 
have  altogether  eight  cabinets,  composed  in  the  aggregate 
of  sixty-five  councillors,  with  the  power  in  the  res})ective  ex 
ecutive  heads,  that  is  to  say,  in  the  governor-general  and  the 
lieutenant-governors,  to  increase  the  number  ad  libitum.  Of 
course  any  political  student  on  reading  these  figures  will  be 
naturally  inclined  to  make  comparisons  with  tlie  great  country 
on  the  borders  of  Canada,  which  is  also  a  federation  of  dif- 
ferent communities  with  separate  governments.  At  Washing- 
ton there  is  a  body  of  eight  men,  commonly  called  a  cabinet, 
appointed  by  the  President  to  preside  over  certain  jjublic  De- 
l>artments.  In  all  the  states*  there  are  governors,  who  in  cer- 
tain respects  may  be  considered  equivalent  to  the  lieutenant- 
governors  of  the  i)rovinces;  in  the  majority,  there  are  lieu- 
tenant-governors who  do  not  exist  in  Canada;  in  all,  there  are 
secretaries  of  state;  in  almost  all,  attorneys-general;  in  some 
comptrollers;  in  many,  auditors.  The  executive  oificials  of 
Ohio,  for  instance,  consist  of  a  governor,  a  lieutenant-governor, 
a  secretai'y  of  state,  a  state  auditor,  a  state  treasurer,  a  state 


*  See  Woodrow  Wilson,  "  The  State,"  sec.  965. 


PARLIAMEXTARY  GOVERNMKNT  IN  CANADA J?OUiiIXOT.    3C7 

:r.r«>iiiey-geiu'nil.a  state  C(»minissioiierofc«»iMimni  s(•ll«)ul^<, tbiet' 
iiit'iiibfivs  ot'ti  board  ot*  ])iiblic  Avorks,  or  iiiin'  executive  otlieers 
ill  all,  who  may  In-  compare<l  with  the  nine  iiiembers  of  the 
executive  governiiient  of  Ontario. 

2So  doubt  Canada  could  be  /;overned  witii  a  smaller  number 
of  councillors  at  Ottawa,  but  it  is  ob\  ions  to  those  who  follow 
chjsely  the  constitutional  and  ixditical  history  of  the  Dominion, 
that  in  forming  a  cabinet,  party  or  sectional  considerations 
must  necessarily  often  prevail,  and  no  on«'  can  fairly  take  any 
exception  to  the  princiide  that  the  crown  should  have  full  lib- 
erty in  the  choice  of  its  councillors,  and  that  men  nniybe  i»rop- 
erly  api)ointed  to  seats  in  the  <>'ov<'rnment  without  oihee,  when 
they  can  give  additional  strength  to  the  body  and  rei)resent 
therein  special  interests.  liut,  as  a  matter  of  fact,  compari- 
sons in  this  particular  with  the  central  government  at  Wash- 
ington,* or  with  the  governments  in  the  several  states  of  the 
union,  whether  large  or  small,  are  somewhat  fallacious  since 
the  political  system  in  the  two  countries  is  based  oji  diametri- 
cally opposite  principles,  which  naturally  affect  the  i)ositions, 
functions,  and  number  of  the  executive  oi-  administrative  heads 
in  both  countries.  The  United  States  has  a  federal  govern- 
ment which  makes  the  i)resident  the  chief  executive  oflicer, 
and  an  active  funetionary  in  the  working  of  the  administra- 
tion; which  even  confers  on  the  Senate  certain  executive  func- 
tions in  the  ratitication  of  treaties  and  appointments  made  by 
the  chief  magistrate.  Although  the  president  has  the  benetit 
of  the  advice  and  assistance  of  eight  heads  of  departments, 
there  is  no  cabinet  in  the  English  or  Canadian  sense,  and 
while  the  term  is  used  iu  the  United  States  with  reference  to 
tlie  chief  officers  of  state  at  Washington,  it  has  no  place  in  the 
fundamental  law  or  in  the  statutes  of  the  country.  Congress, 
with  the  aid  of  its  numerous  committees,  exercises  the  sover- 
eign power  of  legislation  within  the  limits  of  the  constitution, 
and  is  the  real  governing  body  of  the  union;  aud  the  presi- 
dent himself,  to  whom  the  constitution  gives  the  right  of  veto- 
ing its  enactments,  is  powerless  in  the  face  of  a  two-thirds 
majority  in  the  senate  and  house  of  representatives.  In  each 
stat«  of  the  union  the  governor  is  an  active  officer,  having 
considerable  resiionsibilities  which  aftbrd  him  constant  occupa- 
tion. In  none  of  the  states  is  there  an  execnitive  council  bear- 
ing an  exact  analogy  to  the  ministers  of  the  provinces,  but 

- —     -      *  See  Bryce,  "  The  American  Commonwealth,"  ii.  108,  109. 


308  AMERICAN    HISTORICAL   ASSOCIATION. 

there  are  siTni>ly  so  many  (lo]>!irtm('ntal  ofticers,  mIio  have  not 
ifi  Jiiiy  state  even  those  responsibilities  which  have  in  tlie 
eourse  of  time  (levolv»'«l  upon  the  so  called  cabinet  at  Wasli 
injjton  in  ctnisequciice  of  having;  become  an  advisory  or  con 
snitative  Imard,  summoned  at  the  mere  will  or  motion  of  the 
president,  luit  without  the  iio\v«'r  of  controlhuj;'  legislation  in 
conj^ress.  "  Under  our  system  of  state  law,"  says  a  careful 
critic  of  institutions,  "the  executive  ofticers  of  a  state  jjovern 
njeut  are  neither  the  servants  of  tlie  h'ftislature,  as  in  Switzer- 
land, nor  the  resjjonsible  j,niides  of  the  lej^islature,  as  in  En;; 
land,  nor  the  real  controllinj^-  authority  in  the  execution  of  thf 
laws,  as  under  our  federal  system.  The  executive  of  a  state 
lias  an  important  representative  place,  as  a  type  of  the  state's 
legal  unity,  but  it  can  not  be  said  to  have  any  place  or  function 
of  guiding  power.*  On  the  otlier  hand,  th(^  privy  council  and 
executive  councils  govern  a  donunion  of  seven  provinces  and 
immense  territories,  stretching  from  the  Atlantic  to  the  Pacific, 
and  covering  an  area  of  territory  not  inferior  to  that  of  the  Fed 
eral  l^epublic.  They  exercise  functicms  of  large  resi)onsibility, 
political  as  well  as  administrative,  as  the  chosen  committees  of 
the  different  legislatures  of  the  union,  in  whose  hands  rests 
the  fate  of  the  ministries,  and,  practically,  of  the  government 
of  the  whole  country.  These  comndttees  pei  form  all  the  du- 
ties which  devolve,  in  the  TTnited  States,  on  the  president,  the 
governors,  and  the  respective  departmental  ofticers ;  and  in  ad- 
dition, initiate  and  direct  all  important  legislation,  or  in  other 
words  practically  perform  the  fuiu'tions  of  the  chairmen  of 
congressional  committees. 

The  adv^antages  of  the  system  of  responsible  government  can 
be  best  understoo(^  by  stating  a  few  facts  and  arguments  which 
naturally  suggest  tl  emselves  when  we  compare  it  with  the  sys- 
tem of  divided  resi)jnsibility  that  exists  in  the  United  States. 

It  is  especially  Important  to  Canadians  to  study  the  develop- 
ment of  the  institutions  of  the  United  States,  with  the  view  of 
taking  advantage  of  their  useful  experiences,  and  avoiding  the 
tlefects  that  have  grown  up  under  their  system.  All  institu- 
tions are  more  or  less  on  trial  in  a  country  like  Canada,  which 
is  working  out  great  problems  of  political  science  under  decided 
advantages,  since  the  ground  is  relatively  new,  and  the  people 
have  before  them  all  the  experiences  of  the  world,  especially 
of  England  and  the  United  States,  in  whose  systems  Canadi- 

"  ~*See  Woodrow  Wilson,  ''The  State/'  sec.  964.    -^     . 


?arliami:ntary  oovi:h>'mi:nt  in  canada — iioi\{iNOT.  300 

aiis  have  iiatnnilly  tlir  <lt'ep«st  iiiteivst.  Tin*  history  of  rospoii- 
Hiblo  goveinineiit  allonls  aimthtT  ilhistiatioii  of  u  truth  \vliirh 
t'tjiiuls  out  ch'iir  iu  tlie  history  of  nations,  that  those  constitu- 
tions which  are  of  a  tlexible  cijaractt-r,  and  tiu'  natural  i,n(>\vth 
of  the  experiences  of  centuries,  and  which  have  been  created 
by  the  necessities  and  tiuulitions  of  the  times,  possess  the  ele- 
ments of  real  stability,  aiul  best  insoire  the  prosjK'rity  of  a 
people.  The  great  scuirce  of  the  strength  of  the  institutions  of 
the  United  States  lies  in  the  fact  that  they  have  worked  out 
their  government  in  accordance  with  certain  princii)les,  which 
are  essentially  Knglish  in  their  origin,  and  have  been  natu 
rally  developed  siiu-e  their  fcmndation  as  colonial  settlements,, 
and  what  weaknesses  their  system  shows  have  chietly  arisen 
from  new  methods,  and  from  the  rigidity  of  their  constitutional 
rules  of  law,  which  separate  too  closely  the  executive  and  the 
legislative  branches  of  government.  Like  their  neighbors,  the 
Canadian  people  have  based  their  system  on  l']nglish  princi- 
I)les,  but  they  have  at  the  same  time  been  able  to  keej)  pace 
with  the  progress  of  the  unwritten  constitution  of  England,  to 
adapt  it  to  their  own  political  conditions,  and  bring  the  exec- 
utive and  legislative  authorities  so  as  to  assist  and  harmonizes 
with  one  another.  Each  country  has  its  ^'  cabinet  council," 
but  the  one  is  essentially  diti'erent  from  the  other  iu  its  char- 
acter and  functions. 

This  term,  the  historical  student  will  remember,  was  tirst 
used  in  the  days  of  the  Stuarts  as  one  of  derision  and  obloquy. 
It  w^as  frequently  called  "junto"  or  "cabal,"  and  during  the 
days  of  conflict  between  the  commons  and  the  king  it  was 
regarded  with  great  disfavor  by  the  parlianu^nt  of  England. 
Its  unpopularity  arose  from  the  fact  that  it  did  not  consist  of 
men  iu  whom  parlianuMit  had  contidence,  and  its  i>roceedings 
were  conducted  with  such  secrecy  that  it  was  impossible  to 
decide  upon  whom  to  fix  responsibility  for  any  obnoxious 
measure.  When  the  constitution  of  England  was  brought 
back  to  its  original  x^rinciples,  and  harmony  was  restored  be- 
tween the  crown  and  the  parliament,  the  cabinet  became  no 
longer  a  term  of  reproach,  but  a  position  therein  was  regarded 
as  the  highest  honor  in  the  country,  and  was  associated  with 
the  efficient  administration  of  public  affairs,  since  it  meant  a 
body  of  men  responsible  to  i)arliament  for  every  act  of  govern- 
ment.*    The  old  executive  councils  of  Canada  were  obnoxious 

*  See  Todd,  ii,  p.  101. 
S.  Mis.  173 24 


370  AMERICAN   HISTORICAL   ASSOCIATION. 

to  the  i)eox)le  for  the  same  reason  that  the  councils  of  the  Stu- 
arts and  even  of  George  III,  with  the  exception  of  the  regime 
of  the  two  Pitts,  became  unpopular.  Xot  only  do  we  in  Canada, 
in  acordancc  with  our  desire  to  perpetuate  the  names  of  Eng- 
lish institutions,  use  the  name  ''Cabinet,''  which  was  applied 
to  an  institution  that  gradually  grew  out  of  the  old  privy 
council  of  England,  but  we  have  even  incorporated  in  our 
fundamental  law  the  older  name  of  ^'  juivy  council,"*  which 
itself  sprung  from  the  original  "i^crmanent"  or  "continual" 
<'Ouncil  of  the  Xorman  kings.t  Following  English  jnecedent 
the  Canadian  cabinet  or  ministry  is  formed  out  of  the  privy 
councillors,  chosen  under  the  law  by  the  governor-general,  and 
when  they  retire  from  office  they  still  retain  the  purely  honor- 
ary distinction.  In  the  United  States  the  use  of  the  term 
"Cabinet"  has  none  of  the  significance  it  has  with  us,  and  if 
it  can  be  compared  at  all  to  any  English  institutions  it  might 
be  to  the  old  cabinets  who  acknowledged  responsibility  to  the 
king,  and  were  only  so  many  heads  of  department  in  the  king's 
government.  As  a  matter  of  fact,  the  comparison  would  be 
closer  if  we  said  that  the  administration  resembles  the  cabi- 
nets of  the  old  French  kings,  or  to  quote  Prof.  IJryce,  "  the 
group  of  ministers  who  surround  the  Czar  or  the  Sultan,  or  who 
executed  the  bidding  of  a  Koman  emperor  like  Constantine  or 
Justinian."  Such  ministers,  like  the  old  executive  councils  of 
Canada,  "  are  severally  responsible  to  their  master,  and  are 
severally  called  in  to  counsel  him,  but  they  have  not  necessa- 
rily any  relations  with  one  another,  nor  any  duty  or  collective 
action."!     Kot  only  is  the  administration  constructed  on  the 

*  The  name  of  ''privy  conncil"  was  applied  to  the  council  formed,  under 
the  Quel>ec  act  in  1776  (Bonriuot's  Manual,  p.  16).  Delaware  was  the  only 
one  of  the  old  colonies  which  used  the  title  in  its  original  constitution. 
(See  Bryce,  I.  124,  note.)  In  the  debates  of  the  constitutional  convention 
of  1787  it  was  suggested  that  the  president  be  provided  with  a  privy  coun- 
cil, but  none  of  the  propositions  to  that  eftect  obtained  any  favor  with  the 
majority.  (See  Jamieson,  "  Essays  on  the  Constitutional  History  of  the 
United  States,"  pp.  173,  174.)  The  title  still  exists  in  the  little  colonies  of 
Bernnula  and  Jamaica,  where  there  is  no  responsible  government. 

+  "  Tlie  nobles  assembled  on  special  occasions,  by  special  writs,  formed, 
in  combination  with  the  officers  of  the  conrt,  the  'past  council'  or  '  com- 
mon council'  of  the  realm.  The  chief  advisers  of  the  crown,  who  were  per- 
manently about  the  king,  constituted  the  'permanent'  or  'continual'  coun- 
cil thence,  in  later  times,  rose  the  i)rivy  council."  (See  the  Privy  Council, 
by  A.  V.  Dicey,  pp.  5,  6. 

Bryce,  1,  p.  123. 


PAHLIAMEXTARY  GOVERNMENT  IN  CANADA BOUKIXUT.    371 

l)iiiicii)le  of  responsibility  to  the  presideut  aloue,  in  this 
respect  the  English  king  in  old  irresponsible  days,  but  the 
legishitive  department  is  itself '' constTiicted  after  tln^  English 
model  as  it  existed  a  century  ago,"*  and  a  general  system  of 
government  is  established,  lacking  in  that  unity  and  that  elas- 
ticity whi(;h  are  essential  to  its  effective  working.  Oii  the  other 
hand  the  Oanadian  cabinet  is  the  cabinet  of  the  English  sys- 
tem of  this  century,  and  is  formed  so  as  to  work  in  harmony 
with  the  legislative  department,  which  is  a  copy,  so  far  as  pos- 
sible, of  the  English  legislature  of  these  modern  times. 

The  special  advantages  of  the  Canadian  or  English  system 
of  parliamentary  government,  com})ared  with  Congressional 
government,  may  be  briefly  summed  up  as  follows  :t 

(«)  The  governor-general,  his  cabinet,  and  the  popular 
branch  of  the  legislatui-e  are  governed  in  Canada  as  in  England 
by  a  system  of  rtiles,  conventions,  and  understandings  which 
enable  them  to  work  in  liarmony  with  one  a  nother.  The  crown, 
the  cabinet,  the  legislature,  and  the  people  have  respectively 
certain  rights  and  i)Owers  which,  when  properly  and  constitu- 
tiouall}'  brought  into  operati(m,  give  strengtli  and  elasticity  to 
our  system  of  government.  Dismissal  of  a  ministry  by  the 
crown  under  conditions  of  gravity,  or  resignation  of  a  ministry 
defeated  in  the  popular  house,  bring  into  play  the  prerogatives 
of  the  crown.  In  all  cases  there  must  be  a  ministry  to  advise 
the  crown,  assume  responsibility  for  its  acts,  and  obtain  the. 
support  of  the  people  and  their  representativos  in  parliament. 
As  a  last  resort  to  bring  into  harmony  the  people,  the  legisla- 
ture, and  the  crown,  there  is  the  exercise  of  the  supreme  pre- 
rogative of  dissolution.  A  governor,  acting  always  under  the 
advice  of  responsible  ministers  may,  at  any  time,  generally 
speaking,  grant  an  appeal  to  the  people  to  test  their  opinion 
on  vital  public  questions  and  bring  the  legislature  into  accord 
with  the  imblic  mind.  In  short  the  fundamental  principle  of 
popular  sovereignty  lies  at  the  very  basis  of  the  Canadian 
system. 

On  the  other  hand,  in  the  United  States  the  i)residejt  and 


*  Hannis  Taylor,  Atlantic  Monthly  for  June,  1890.  p.  769,  "  The  National 
House  of  Representatives." 

t  These  and  following  remarks  relating  to  the  rules  and  conventions  of 
responsible  government,  of  course  apply  with  the  same  force  to  a  lieu- 
tenant-governor in  a  province  that  they  do  to  a  governor-general. 


372  -AMERICAN    HISTORICAL    ASSOCIATION. 

his  cabinet  may  bo  in  constant  conflict  with  the  two  houses  of 
••ongress  during  the  four  years  of  his  term  of  office.  His  cabi- 
net has  no  direct  influence  with  the  legishitive  bodies,  inas- 
much as  tlieyhave  no  seats  therein.  The  political  coniiflexion 
of  congress  does  not  affect  their  tenure  of  oflice,  since  they 
depend  only  on  the  favor  and  approval  of  the  executive;  dis- 
solution, Avhich  is  the  safety  valve  of  the  English  or  Canadian 
system — "in  its  essence  an  appeal  from  the  legal  to  the  politi- 
cal sovereign" — is  not  practicable  under  the  United  States  con- 
stitution. In  a  political  crisis  the  Constitution  provides  no 
adequate  solution  of  the  difficult}'  during  the  i)residential  term. 
In  thisrespect  the  people  in  the  United  States  are  not  sovereign 
as  they  are  in  Canada  under  the  conditions  just  briefly  stated.* 
(h)  The  governor-general  is  not  personally  brought  into  col- 
lision with  the  legislature  by  the  direct  exercise  of  a  veto  of  its 
legislative  acts,  since  the  ministry  are  responsible  for  all  legis- 
lation and  must  stand  or  fall  by  their  important  measures. 
The  passage  of  a  measure  of  which  they  disapproved  as  a 


*  In  these  times  the  right  of  the  crown  to  dismiss  its  advisers  and  to  dis- 
solve the  legislature  is  a  prerogative  Avhich,  constitutionally  exercised,  is 
in  the  interests  of  the  people  themselves.  On  the  dismissal  of  a  ministry 
the  crown  must  at  oncii  obtain  the  aid  of  a  new  bodj-  of  advisers,  who  must 
assume  full  responsibility  for  its  action  before  the  legislature  and  before 
the  people  as  the  ultimate  resort.  Dissolution  inmiediately  l)rings  all  the 
issues  whicli  have  to  be  settled  for  the  time  being  under  the  purview  of 
the  sovereign  peojjle  for  tlieir  final  verdict.  Prof.  Dicey  ("The  Law  of  the 
Constitution,"  3d  ed.,  p.  356)  says  with  respect  to  the  dismissal  of  the  min- 
istry and  dissoluticm  "that  there  are  certainly  combinations  of  circum- 
stances under  w^hich  the  crown  has  a  right  to  dismiss  a  miuistry  who  com- 
mand a  parliamentary  majority  and  to  dissolve  the  pailiament  by  which 
the  ministry  are  supported.  The  prerogative,  in  short,  of  dissolution  may 
constitutionally  be  so  employed  as  to  override  the  will  of  the  representative 
body,  or,  as  it  is  po])ularly  called,  '  The  People's  House  of  Parliament.' 
This  looks  at  first  sight  like  saying  that  in  certain  cases  the  i)rerogative 
can  be  so  used  as  to  set  at  nought  the  will  of  the  nation ;  but  in  reality  it  is 
far  otherwise.  Tlie  discretionary  power  of  the  crown  occasionally  may  bo 
and  according  to  constitutional  precedents  sometimes  ought  to  be  used  to 
strip  an  existing  house  of  commons  of  its  authority.  But  the  reason  why 
the  house  can  in  accordance  with  the  Constitution  be  deprived  of  power 
and  of  existence  is  that  an  occasion  has  arisen  on  which  there  is  fair  reason 
to  suppose  that  the  opinion  of  the  house  is  not  the  opinion  of  the  electors. 
A  dissolution  is  in  its  essence  an  appeal  from  the  legal  to  the  political 
sovereign.  A  dissolution  is  allowable  or  necessary  Avhenever  the  wishes 
of  the  legislattire  are  or  may  fairly  be  jnesumed  to  be  ditferent  from  the 
wi.shes  of  the  nation.  (See,  on  the  same  subject  of  dismissal,  Todd,  "Par- 
liamentary GovernmenC  in  the  Colonies,"  pi».  584-590.) 


PARLIAMENTARY  GOVERNMENT  IN  CANADA BOURINOT.    373 

ministry  would  menu  in  the  miijority  of  cases  their  resigna- 
tion, and  it  is  not  possible  to  suppose  that  they  would  ask  the 
governor  to  exercise  a  prerogative  ot  the  crown  which  has  been 
in  disuse  since  the  establishment  of  responsible  government 
and  would  now  be  a  revolutionaiy  measure  even  in  Canada.* 

In  the  United  States  there  is  danger  of  frecpient  collision 
between  the  president  and  the  two  legislative  branches,  should 
a  very  critical  exercise  of  the  veto,  as  in  President  Johnson's 
time,  occur  when  the  pul)lic  mind  would  be  deeply  agitated. 
The  chief  magistrate  loses  in  dignity  and  influence  whenever 
the  legislature  overrides  the  veto,  and  congress  becomes  a 
desi>otic  master  for  the  time  being. 

(c)  The  Canadian  ministry,  having  control  of  the  finances  and 
taxes  and  of  all  matters  of  administration,  are  directly  respon- 
sible to  i)arliameiit  and  sooner  or  later  to  the  i^eople  for  the 
manner  in  which  they  have  discharged  their  public  functions. 
All  important  measures  are  initiated  by  them,  and  on  every  <j[ues- 
tion  of  public  interest  they  are  bound  to  have  a  definite  policy 
if  they  wish  to  retain  the  confidence  of  the  legislature.  Even  in 
the  case  of  private  legislation  they  are  also  the  guardians  of 
the  public  interests  and  are  responsible  to  parliament  and  the 
])eople  for  any  neglect  in  this  particular. 

On  the  other  hand,  in  the  Ignited  States  the  financial  and 
general  legislation  of  congress  is  left  to  the  control  of  com- 
mittees, over  which  the  president  and  his  cabinet  have  no 
direct  influence,  and  the  chairman  of  which  may  have  ambi- 
tious objects  in  direct  antagonism  to  the  men  in  ofiice. 

(d)  In  the  Canadian  system  the  speaker  is  a  functionary 
who  certainly  has  his  party  proclivities,  but  it  is  felt  as  long- 
as  he  occu])ies  the  chair  all  political  parties  can  depend  on  his 
Justic*^'  and  impartiality.  Kes})onsible  government  makes  the 
premier  and  his  ministers  responsible  for  the  constitution  of 
the  committees  and  for  the  opinions  and  decisions  that  may 
emanate  from  them.  A  government  that  would  constantly 
endeavor  to  shift  its  responsibilities  on  committees,  even  of 

*  In  matters  affecting  Imperial  interests  the  governor-general  does  not 
directly  exercise  the  veto  he  has  under  the  R.  N.  A.  act  of  1867 — only  a  con- 
tinuation of  a  veto  always  given  to  governors-general  since  1792 — but  the 
general  power  of  disallowance  possessed  by  the  imperial  government  is 
considered  adequate  to  meet  all  such  cases.  A  bill  may  be  reserved  under 
exceptional  circumstances,  but  as  a  rule  the  i)ower  just  mentioned  is  used. 
(See  Bourinot's  "Parliamentary  Procedure  in  Canada,"  2d  ed.) ^^ 


374  AMERICAN    HISTORICAL    ASSOCIATION. 

their  own  selection,  would  soon  disappear  from  the  treasury 
l)enches.  Responsibility  in  legislation  is  accordingly  insured, 
financial  measures  prevented  tVoin  being  made  the  footballs 
of  ambitious  and  irresponsible  i)oliticians,  and  the  impartiality 
and  dignity  of  the  si)eakers]nx)  guaranteed  by  the  presence  in 
parliament  of  a  cabinet  having  the  direction  and  supervision 
of  business. 

On  the  other  hand,  in  the  United  States,  the  speaker  of  the 
house  of  representatives  bec(mies,  from  the  very  force  of  cir- 
cumstances, a  political  leader,  and  the  specta<'le  is  iiresented — 
in  fact  from  tlie  time  of  Henry  Clay — so  strange  to  us  familiar 
with  English  methods,  of  decisions  given  by  him  with  clearly 
party  objects,  and  of  committees  formed  by  him  with  purely 
l)olitical  aims,  as  likely  as  not  with  a  view  to  thwart  the  ambi 
tion  either  of  a  president  who  is  looking  to  a  second  term  or  of 
some  prominent  member  of  the  cabiiiet  who  has  j)residential 
aspirations.  And  all  this  lowering  of  the  dignity  of  the  chair 
is  due  to  the  absence  of  a  responsible  minister  to  lead  the 
house.  The  very  i)osition  which  the  speaker  is  forced  to  take 
from  time  to  time — notably  in  the  case  of  last  congress — is 
clearly  the  result  of  the  defects  of  the  constitutional  system 
of  the  United  States  and  is  so  much  evidence  that  a  responsi- 
ble party  leader  is  an  absolute  necessity  in  congress.  A  legis- 
lature must  be  led,  and  congress  has  been  attempting  to  get 
out  of  a  crucial  difficulty  by  all  sorts  of  questionable  shifts 
which  only  show  the  inherent  weakness  of  the  existing  system. 

In  the  absence  of  any  ])rovision  for  unity  of  policy  between 
the  executive  and  the  h'gislative  authorities  of  the  United 
States,  it  is  impossible  for  any  nation  to  have  a  positive  guar 
antee  that  a  treaty  it  may  negotiate  with  the  former  can  be 
ratified.  The  sovereign  of  Great  Britain  enters  into  treaties 
with  foreign  powers  with  the  advice  and  assistance  of  her  con- 
stitutional advisers,  Avho  are  immediately  responsible  to  par 
liament  for  their  counsel  in  such  matters.  In  theory  it  is  the 
prerogative  of  the  crown  to  make  a  treaty;  in  practice  it  is 
the  ministry.  Tt  is  not  constitutionally  imperative  to  refer 
such  treaties  to  parliament  for  its  ai)proval — the  consent  of 
the  crown  is  sufficient;  but  it  is  sometimes  done  under  excej) 
tioual  circumstances,  as  in  the  case  of  the  cession  of  Heligo- 
land. In  any  event,  the  action  of  the  ministry  m  the  matter 
is  invariably  open  to  the  review  of  parliament,  and  they  may 
be  censured  by  an  adverse  vote  for  the  advice  they  gave  the 
sovereign   and  forced  to   letire  from   office.     In  the  Ignited 


PARLIAMEXTARY  GOVERNMENT  IN  CANADA BOl'RINOT,    375 

Stati's  t)'"  Senate  must  ratify  all  treaties  by  a  two-tliirds  vote, 
)>ut  unless  there  is  a  majority  in  that  house  of  the  same  polit- 
ical complexion  as  the  president  the  treaty  may  be  refused. 
No  cabinet  minister  is  present,  leads  the  house,  as  in  Eiij,^- 
land,  and  assumes  all  the  responsibility  of  the  president's 
a<3tion.  It  is  almost  impossible  to  suppose  that  an  Enjiilish 
ministry  would  consent  to  a  treaty  that  would  be  unpopular 
in  parliament  and  in  the  country.  Their  existence  as  a  gov- 
ernment would  dei)end  on  their  action.  In  the  United  States 
both  president  and  senate  have  divided  resx)onsibilities.  The 
constitution  makes  no  provision  for  unity  in  such  important 
matters  of  national  obligation. 

A  thoughtful  writer,*  not  long  since,  contributed  a  some- 
what elaborate  defense  of  the  present  irresi)onsible  system  of 
tlie  United  States,  whose  defects  have  been  so  clearly  pointed 
out  for  some  years  past  by  a  number  of  acute  students  of  insti- 
tutions, of  whom  Professors  Bryce  and  Woodrow  Wilson  are 
generally  admitted  to  stand  at  the  head.  Several  of  Dr.  Free- 
man Snow's  arguments  have  been  already  met  in  the  course  of 
the  comparisons  1  have  drawn  between  the  respective  systems 
of  the  two  countries,  but  there  are  some  points  to  which  I  may 
make  special  reference,  since  he  appears  to  attach  much  im- 
portance to  them. 

Dr.  Snow ,  like  Mr.  Lawrence  Lowell,t  api)ears  to  think  that 

responsible  government  is  not  adapted  to  a  federal  system, 

governed  by  a  written  constitution  or  fundamental  law,  for  he 

commences  his  paper  with  the  following  remark: 

"  In  the  English  system  the  goveniinent  of  the  state,  in  all  its  breadth 
and  details  froni  foundation  up.  is  intrusted  to  the  majority  of  the  people, 
to  be  changed  or  modified  at  pleasure.  In  the  American  [he  means,  of 
lourse,  the  United  States]  system,  on  the  other  hand,  a  limit  is  set  to  the 
power  of  the  majority  by  establishing  certain  fundamental  laws,  which 
can  be  changed  only  by  a  more  general  assent  of  the  people  and  after  a 
most  mature  deliberation." 

Dr.  Snow  ignores  throughout  his  paper  the  example  of 
Canada,  which  (;om])letely  refutes  the  argument  he  bases  on 
the  foregoing  proposition,  and  Mr.  Lowell  i)ractically  does  the 
sar.ie  thing,  for  after  devoting  a  number  of  pages  to  the  con- 
tention that  a  federal  system  can  not  be  effectively  worked 

*  Dr.  Freeman  Snow,  in  the  Pajters  of  the  American  Historical  Associa- 
tion, July,  1890.  I 

f  See,  in  his  ''  Essays  on  Government,"  his  remarks  on  "Cabinet  Respon-    ^ 
sibility,"  pp.  20-59. 


376  AMERICAN   HISTORICAL   ASSOCIATION. 

under  English  respousiblo  governmout,  the  latter  suddenly 
remembers  that  Canada  has  a  fedeial  eonstitntion  or  ftuula- 
meutal  law,  not  changeable  by  the  eapriee  of  a  majority  in  the 
Dominion  legislatures,  and  condescends  to  devote  a  short  foot- 
note to  the  mention  ol"  the  fact  at  the  close  of  the  chai)ter, 
which  is  simply  remarkable  for  its  absence  of  any  argument 
bearing  on  the  i)oint  at  issue.  The  parliament  of  Canada  can 
not  change  the  fundamental  basis  of  the  federal  constitution, 
which  can  be  amended  or  revoked  only  by  the  same  authority 
that  gave  it  existence,  the  imi)erial  parliament.  The  legis- 
latures of  the  i)rovin('es  <*an  anu^nd  their  own  constitutions, 
but  only  within  certain  limitations.  Neither  the  general  par- 
liament nor  the  provincial  legislatures  can  touch  the  division 
of  powers  between  the  central  and  i)roviiuial  governments  or 
other  fundamental  parts  of  the  federal  scheme. 

Only  three  relatively  unimportant  amendments,  to  relieve 
doubts  respecting  the  establishment  of  provin(;es  in  the  terri- 
tories and  to  define  the  privileges  and  i)owers  of  Parliament, 
have  been  made  in  the  British  North  America  act  sint^c  18G7, 
when  it  was  passed.*  If  a  change  is  at  any  time  necessary  in 
the  constitution  it  must  be  brought  forward  in  the  shape  of 
an  address  and  agreed  to  by  the  two  branches  of  the  parlia- 
ment of  Canada,  under  the  direction  of  a  responsible  ministry. 
This  address  would  then  have  to  pass  through  the  ordeal  of 
the  imi)erial  parliament,  which  in  this  important  particular  is 
not  likely  to  act  hastily.  Consequently  there  are  checks  im- 
Ijosed  upon  the  will  of  the  majority  in  the  Canadian  parlia- 
ment, not  only  in  the  case  of  a  jiroposed  amendment  of  the 
constitution,  but  in  all  matters  of  legislation  affecting  the 
federation.  The  courts  can  at  any  moment  pass  upon  the 
constitutionality  of  any  act  of  the  several  legislative  bodies  of 
the  Dominion.  In  the  provinces,  as  well  as  in  the  Dominion 
itself,  there  are  ministries  responsible  for  every  act  of  legisla- 
tion and  administration,  and  consequently  in  the  w  orking  of 
the  various  i)arts  of  the  federal  government  there  is  provision 

*  Imp.  Stat.,  34-35  Vict.,  chap.  28:  "An  act  respecting  the  establishment 
of  provinces  in  the  Dominion  of  Canada;''  and  38-39  Vict.,  chap.  38:  ''An 
act  to  remove  certain  doubts  with  respect  to  the  powers  of  the  Parliament 
of  Canada  under  section  18  of  the  B.  N.  A.  act,  1867.''  Also  49-50  Vict.. 
chap.  35:  "An  act  respecting  the  representatiini  in  the  Parliament  of  C«n- 
ada  of  territories  which  for  the  time  being  form  part  of  the  Dominion  of 
Canada,  but  are  not  included  in  auy  province." 


PARLIAMENTARY  GUN'ERNMEXT  IN  CANADA — BOUKINOT.    377 

made  for  unity  and  harmony.  Each  ministry  is  responsible 
to  the  people  of  its  own  province,  and  it  is  quite  possible  that 
the  men  directing  proviiuial  affairs,  as  in  the  majority  of  the 
provinces  at  i)resent,  hold  views  on  Dominion  affairs  antaj^o- 
nistic  to  those  of  the  neneial  j^overument.  Hut  exx)erience 
has  shown  that,  as  one  of  the  results  of  responsible  govern- 
ment, Domini«m  and  provinces  can  safely  administer  i)ublir. 
affairs  within  their  respective  political  spheres  without  having 
any  immediate  party  connection  with  one  another.  While 
every  province  has  its  distinct  party  issues,  there  is  overshad- 
owing each  and  all  a  Dominion  or  I^ational  sentiment,  or,  in 
other  words,  Dominion  or  National  issues  which  govern  the 
tenure  in  oftice  of  the  general  government.  The  people,  hav- 
ing in  their  hands  at  certain  intervals  the  fate  of  each  of  these 
eight  ministries,  necessarily  feel  they  have  to  discharge  im- 
poitant  obligations  and  responsibilities  which  do  not  devolve 
upon  the  people  of  the  Cnited  States. 

"But  souietbiug  more  tiiau  more  clieiks  upon  tlie  ])o\ver  of  the  majority 
[continues  Dr.  Snow]  is  essential  to  the  successful  working  of  popular 
government;  there  must  be  in  the  people  a  capacity  for  self  government. 
Anil  perhaps  the  most  important  (lifterence  between  the  two  systems  under 
consideration  is  the  ditfereut  degrees  in  wliich  the  people  take  part  in  the 
conduct  of  their  respective  governments.  This  question  involves  the  rel- 
ative merits  of  so-called  congressional  and  cabinet  or  parliamentary  gov- 
ernment." 

Every  authority  wh(j  has  studied  the  effects  of  the  two  sys- 
tems and  given  his  opinion  on  tiie  subject  is  at  direct  variance 
with  these  remarks  of  Dr.  Snow,  and  indeed  no  one  at  all 
conversant  with  the  practical  working  of  institutions  woidd 
deny  that  the  great  advantages  of  the  English  or  Canadian 
system  lie  in  the  interest  created  among  all  classes  of  the  people 
by  the  discussions  of  the  different  legislative  bodies.  Parlia- 
mentary debate  involves  the  late  of  cabinets,  and  the  i^ublie 
mind  is  consequently  led  to  study  all  issues  of  importance. 
The  people  know  and  feel  that  they  nuist  be  called  upon  sooner 
or  later  to  decide  between  the  ])arties  contending  on  the  floors 
of  the  legislatures,  and  consequently  are  obliged  to  give  an 
intelligent  consideration  of  public  affairs.  Let  us  see  what 
Bagehot,*  ablest  of  critics,  says  on  this  point: 

"At  present  there  is  business  in  their  attention  [that  is  to  say,  of  the 
English  or  Canadian  people].     They  assist  at  the  determining  crisis;  they 

*  "The  English  Constitution,"  pp.  89,  90. 


378  amp:rican  histokical  association. 

Uissist  or  hell)  i^-  Whether  the  governmeut  will  y(»  out  or  reinain  is  lieter- 
miiied  by  the  dehute  and  l).v  the  division  iu  parliament.  And  the  opiuion 
out  of  doors,  the  secret-pervading  diHi>osition  of  society,  Las  a  great  inllu- 
tnee  on  that  division.  The  nation  feels  that  its  Jutl^inient  is  important, 
and  it  strives  to  judge.  It  succeeds  in  deciding  because  the  deltates  and 
the  discussions  give  it  the  facts  aud  the  arguments.  Hut  under  the  presi- 
dential government  a  nation  has,  except  at  the  electing  moment,  no  indu- 
eiice;  it  has  not  the  ballot  box  before  it;  its  virtue  is  gone  and  it  must 
wait  till  its  instant  of  despotism  again  returns.  There  are  dou})tless  de- 
bates in  the  legislature,  but  they  are  prologues  without  a  play.  Tlie  prize 
of  power  is  not  in  the  gilt  of  the  legislature.  No  presidential  country 
needs  to  form  daily  delicate  oidnious,  or  is  helped  in  forming  them." 

Then  when  tho  people  do  go  to  the  ballot  box,  they  can 
not  intelligently  inliuenee  the  ])oliey  of  the  government.  If 
they  vote  for  a  president,  then  congress  may  have  a  poliey 
quite  ditferent  frotn  liis;  if  they  vote  for  members  of  Congress 
they  can  not  change  the  opinions  of  the  president.  If  the 
president  changes  his  cabinet  at  any  time  they  have  nothing 
to  say  abont  it,  for  its  members  are  not  important  as  wheels 
in  the  legislative  machinery.  Congress  may  pass  a  bill,  of 
which  the  people  express  their  disfipproval  ;it  the  first  oppor- 
tnnity  when  they  choose  a  new  congiess,  bnt  still  it  may  re- 
main on  the  statute  book  because  the  senate  holds  vie>vs  dif- 
ferent from  the  newly  elected  house,  aud  can  not  be  politically 
changed  until  after  a  long  series  of  legislative  elections.  As 
Prof.  Woodrow  Wilson  well  puts  it:* 

"  Public  opinion  has  no  easy  vehicle  for  its  judgments,  no  qnick  channels 
for  its  action.  Nothing  about  the  system  is  direct  and  simple.  Authority 
is  perplexingly  subdivided  <ind  distribttted,  and  res})onsib;'<  y  has  to  be 
hunted  down  in  out-of-the-way  corners.  So  that  the  s  v  of  the  whole 
matter  is  that  the  means  of  working  for  the  fruits  of  good  government  are 
not  readily  to  be  found.  The  average  citizen  may  be  excused  for  esteem- 
ing government  at  best  but  a  haphazard  affair  upon  which  his  vote  and 
all  his  influence  can  have  but  little  effect.  How  is  his  choice  of  represent- 
ative in  congress  to  affect  the  policy  of  the  country  as  regards  the  ques- 
tions in  which  he  is  most  interested  if  the  man  for  whom  he  votes  has  no 
1  hance  of  getting  on  the  standing  committee  which  has  virtual  charge  of 
those  questions?  How  is  it  io  make  any  difference  who  is  chosen  presi- 
dent? Has  the  president  any  great  authority  in  matters  of  vital  policy? 
It  seems  a  thing  of  despair  to  get  any  assurance  that  any  vote  he  may  cast 
will  even  in  an  infinitesimal  degree  affect  the  essential  courses  of  admin- 
istration. There  are  so  many  cooks  mixing  their  ingredients  in  the  na- 
tional broth  that  it  seems  hopeless,  this  thing  of  changing  one  cook  at  a 
time." 

*  Congressional  Government,  pp.  301,  332, 


PAELIAMENTARY  GOVERNMENT  IN  CANADA — BOURINOT.    3 Iff 

Under  sncli  a  system  it  can  not  be  exi)ecte(l  that  the  people 
will  take  the  same  deep  interest  in  (»k'Ctions  and  feel  as  directly 
responsible  for  the  eharaeter  of  the  government  as  when  they 
can  at  one  election  and  by  one  verdict  decide  the  fate  of  a 
government,  whose  policy  on  great  issnes  must  be  thoroughly 
explained  to  them  at  the  polls.  This  method  of  ])opular  gov- 
ernment is  more  real  and  substantial  than  a  system  which  does 
not  allow  the  jieople  to  intluenee  congressional  legislation  and 
administrative  action  through  a  set  of  men,  sitting  in  congress 
and  having  a  common  p(»licy. 

Then  we  ar;'  told  by  Dr.  Snow:  That  the  system  of  govern- 
ment by  resp<msible  leaders  *'  fails  to  call  out,  indeed  it  seeks  to 
repress,  that  mental  activity,  in  political  nmtters,  of  the  great 
body  of  legislators  which  is  found  in  the  system  of  congres- 
sional governmeut."  That  the  peoples'  representati\  es  '^  take 
a  more  active  i)art  in  the  atfairs  of  government  and  retain  to  a 
greater  degree  the  feeling  and  the  reality  of  j)olitieal  responsi- 
bility." That  cabinet  government  ''develops  leaders  at  the 
expense  of  the  real  strength  of  democracy;"  that  "the  greater 
harmony  and  greater  efficiency  in  legislation  "  which  he  admits 
are  the  results  of  the  Canadian  or  English  system,  are  "bought 
at  the  expense  of  the  real  strength  of  democracy — the  inde- 
pendence and  general  political  training  of  the  many." 

I  think  it  does  not  require  any  very  elaborate  argument  to 
show  that  when  men  feel  and  know  that  the  ability  tMey  show 
in  parliament  may  be  sooner  or  later  rewarded  by  a  seat  on  the 
treasury  benches,  and  that  they  will  then  have  a  determining 
voice  in  the  government  of  the  country,  be  it  dominion  or 
province,  they  must  be  stimulated  by  a  keener  aptitude  for 
public  life,  a  closer  watchfulness  over  legislation  and  adminis- 
tration, a  great  readiness  for  discussing  all  public  questions, 
and  a  more  studied  appreciation  of  public  opinion  outside  the 
legislative  halls.  Every  man  in  parliament  is  a  i)remier  in 
posse.  While  asking  my  hearers  to  recall  what  I  have  already 
said  as  to  the  effect  of  responsible  goveriunent  on  the  public 
men  and  people  of  Canada,  I  shall  also  here  refer  them  to  some 
authorities,  worthy  of  all  respect,  who  have  expressed  oinnions 
directly  contrary  to  those  of  Dr.  Snow  with  reference  to  the 
points  in  question. 


380  AMERICAN   HISTORICAL    ASSOCIATION. 

Bageliot  sjiys  with  his  usual  clcnriicss  :* 

"To  l)elon<^  to  a  tlcbatin^  society  adhcrinj;  to  an  oxecntive  (and  this  is  no 
aapt  (lfS('ii]»tioii  of  a  coiiyrcss  under  a  ]>i'csid»'utiil  fonstitntional)  is  not 
an  object  to  stir  a  uol»lt'  ambition,  and  is  a  position  to  encoura^'O  idlcni-ss. 
Tlie  members  of  a  parliament  excluded  from  ofticc;  eaii  never  be  compara- 
ble, much  less  equal,  to  those  of  a  pailiament  not  excluded  from  office. 
The  presidential  <rovernment,  by  its  nature,  divides  jiiditical  life  into  two 
halves,  an  executive  half  and  a  lej^islative  half,  and,  by  so  dividing  it, 
makes  neither  half  worth  a  uum's  hiiving — \v(»rth  his  makiii{<r  it  a  con- 
tinuous career — worthy  to  absorb,  as  cabinet  government  absorbs,  hi» 
whole  soul.  The  statesnu'u  from  whom  a  nation  cliooses  under  a  presi- 
tiential  system  are  much  inferior  to  those  from  whom  it  chooses  under  a 
cabinet  system,  while  the  selecting  apparatus  is  also  far  less  discerning.'' 

Another  writer,  Prof.  Douslow,  t  does  not  hesitate  to  ex- 
X)ress  the  opinion  very  emphatically  that  "as  it  is,  in  no 
country  do  the  people  feel  such  an  overwhelming  sense  of  the 
littleness  of  the  men  in  charge  of  public  affairs  "  as  in  the  fJnited 
States.  And  in  another  place  he  dwells  on  the  fact  that 
*'  responsible  government  educates  officeholders  into  a  high 
and  honorable  sense  of  their  accountability  to  the  people,''  antl 
makes  "statesmanship  a  j)ermanent  piu-suit  followed  by  a 
.skilled  cla.ss  of  men." 

Prof.  Woodrow  Wilson  says  so  far  from  men  being  trained 
to  legislation  by  congressional  government,  "  independence 
and  ability  are  repressed  under  the  tyranny  of  the  rules,  and 
practically  the  favor  of  the  popular  branch  of  congress  is  con 
centrated  in  the  speaker  and  a  few — very  few — expert  parlia 
mentarians.'"'  Elsewhere  he  shows  that  "  responsibility  is 
si)read  thin,  and  no  vote  or  debate  can  gather  it."  As  a  mat- 
ter of  fact  and  experience,  he  comes  to  tlie  conclusion"  |  the 
more  power  is  divided  the  more  irresponsible  it  becomes  and 
the  petty  character  of  the  leadership  of  each  committee  con- 
tributes towards  making  its  despotism  sme  by  making  its 
duties  interesting." 

Prof.  Bryce,   it  will  be  admitted,  is  one  of  the  fairest  of 
critics  in  his  review  of  the  institutions  of  the  "American  Com 
mon wealth ;"  but  he,  too,  comes  to  the  conclusion  §  that  the  sys- 
tem of  congressional  government — 

Destroys  the  unity  of  the  house  [of  representatives]  as  a  legislative 
body. 

'  The  English  Constitution,  pp.  95,  96. 
t  In  the  International  Review,  March,  1877. 
t  "Congressional  Government,"  p.  94. 
: ,  ,  i^    _        §  "The  American  Commonwealth,"  i.  210,  et  seq. 


?arliamp:ntaky  government  in  Canada — bourinot.  381 

Prevents  th«^  oaiuicity  nf  the  l)t;st  mi'mbers  from  being  biougbt  to  bear 
npon  any  one  ])ieco  of  legislation,  bowever  important. 
Ciiimps  debate. 

LessenH  tbe  cobesion  and  barmony  of  legislation. 

(iives  facilities  fortbe  exercise  of  underbaml  and  even  corrupt  inflnence. 
Reduces  responsibility. 
Lowers  tbe  interest  of  tbe  nation  in  tbe  proceedings  of  congress. 

lu  another  place,*  after  considering  the  rehitions  between  the 
executive  and  the  le^ishiture,  he  expresses  his  opinion  that  the 
framers  of  the  constitution  have  "so  narrowed  tlie  sphere  of 
the  executive  as  to  prevent  it  from  leading  the  country,  or  even 
its  own  party  in  the  country."  They  endeavored  "to  make 
members  of  congress  independent,  but  in  doing  so  they  de- 
prived them  of  some  of  the  means  which  Kuropean  legislators 
«'njoy  of  learning  how  to  administer,  of  learning  even  how  to 
legislate  in  administrative  topics.  They  condemned  them  to  l)e 
architects  without  science,  critics  without  experience,  censors 
without  responsibility." 

And  further  on,  when  discussing  the  faults  of  democratic 
government  in  the  United  States — and  Prof.  JJryce,  we  must 
remember,  is  on  the  whole  most  hoi)eful  of  its  future — he  de- 
tects as  amongst  its  characteristics  "a  certain  commonness  of 
juind  and  tone,  a  want  of  digidty  and  elevation  in  and  about 
the  conduct  of  public  affairs,  and  insensibility  to  the  nobler 
aspects  and  tiner  responsibilities  of  national  life."  Then  he 
goes  on  to  sayt  that  a  representative  and  i)arliamentary  sys- 
tem "provides  the  means  of  mitigating  the  evils  to  be  feared 
from  ignorance  or  haste,  for  it  vests  the  actual  conduct  of  af 
fairs  in  a  body  of  specially  chosen  and  presumably  qualiiicd 
men,  who  may  themselves  intrust  such  of  their  functions  as 
need  i^eculiar  knowledge  or  skill  to  a  smaller  governing  body 
or  bodies  selected  in  respect  of  their  more  eminent  fitness.  By 
this  method  the  defects  of  democracy  are  remedied  while  its 
strengtli  is  retained."  The  members  of  American  legislatures, 
being  disjoined  from  the  administrative  offices,  "are  not  chosen 
for  their  ability  or  experience;  they  are  not  much resi)ected  or 
trusted,  and  finding  nothing  (exceptional  expected  from  them, 
they  behave  as  ordinary  men." 

I  give  these  short  citations,  so  diiferent  in  their  conclusions 
from  those  of  Dr.  Snow,  in  preference  to  any  opinions  of  my 
own,  because  they  are  the  criticisms  of  men  who  have  given 

'  Tbid.,  304,  305. 

t  Ibid,,  Chap.  95,  Vol.  ill. 


382  AMERICAN    mSTORICAL   ASSOCIATION. 

the  closost  study  to  the  practical  working  of  the  institutions 
<>f  <»ur  ii('ighl)(»rs,  and  who  can  have  no  p<>Hti<al  bias  or  prtgu- 
dicc  in  tlie  mutter.  But  Dr.  Snow  ])ractically  gives  away  his 
whole  case  when,  at  the  close  of  his  ably  argued  paper,  he 
admits  that  "•  i)arty  government,  as  carried  on  in  the  Ignited 
States  during  the  last  sixty  years,  has  undoubtedly  tended  to 
the  corru]>ti<)n  of  the  political  morality  of  the  people."'  And 
this  unfortunate  condition  of  things  was  predicted,  and  its 
cause  stated,  more  than  lifty  years  ago  by  the  ablest  constitu- 
tional writer  that  the  United  States  has  produced — one  of  those 
eminent  men  who,  by  their  great  learning  and  remarkable 
judgment,  have  done  so  much  to  elucidate  and  strengthen  the 
<'onstitution. 

''If  corruption,"  wrote  Judge  Story,  *'ever  silently  eats  its 
way  into  the  vitals  of  this  Kepublic,  it  wdl  be  because  the 
people  are  unable  to  bring  responsibility  home  to  the  execu- 
tive through  his  chosen  ministers.''* 

But  Dr.  Snow  looks  hopefully  to  the  future  of  his  countrj-, 
because  there  has  been  going  on  for  some  time  past  a  steady 
movement  "for  reform  in  the  civil  servile  and  the  ballot," but 
at  the  same  time  he  refuses  to  see  that  in  all  probability  these 
much-needed  reforms  would  have  been  brought  about  long  ere 
this  had  there  been  responsible  leaders  to  guide  congress  and 
the  legislatures  of  the  states.t 

At  all  events,  in  Canada  the  permanency  of  the  tenure  of 
j>ublic  officials  and  the  introduction  of  the  secret  ballot  have 
been  among  the  results  of  responsible  government.     Through 

*  "Commentaries,"  sec.  869. 

t  A  writer  in  the  Annals  of  the  American  Academy  of  Political  anil  Social 
Science  well  observes  on  this  point :  "  It  is  beyond  question  that  precisely 
this  public  and  personal  responsibility  has  converted  both  parliament  and 
ministers  from  the  corrupt  condition  of  Walpole's  time,  and  half  a  century 
later  gradually  aiul  steadily  to  the  purified  condition  of  the  present  day, 
has  extinguished  bribery  at  elections,  and  to  that  end  has  led  the  house  of 
commons  to  surrender  its  control,  in  the  case  of  disputed  elections,  into 
the  hands  of  the  courts.  It  is  this  personal  responsibility  which  has  been 
the  instrument  of  carrying  into  eftect  more  extensive  and  at  the  same  time 
peaceful  reforms  in  the  interest  of  the  masses  of  the  people  at  large  than 
have  been  achieved  in  the  same  time  by  any  other  nation  in  the  world." 
On  the  other  hand,  the  same  writer  says  of  the  irresponsible  United  States 
system  of  congressional  committees  that  "  this  is  an  arrangement  so  fruit- 
ful of  corruption  and  jobbery  that  it  would  drag  down  and  coiTupt  the 
purest  and  ablest  body  of  men  in  the  world."  (See  article  on  "  Congress 
and  the  Cabinet,"  November,  1891.) 


PARLI AM ENT ARY  G ()\'ERNM ENT  IN  CANADA— BOURINOT.  5^ 

the  iiitliu'iife  and  agency  of  the  same  system,  valuable  reforms 
have  been  made  in  Canada  in  the  eleetiou  laws,  and  the  trial 
of  eontroverted  eleetious  has  been  taken  away  from  parti- 
san eleetioii  eommittecs  and  given  to  a  Judiciary  indejM'ndent 
of  political  intlucnces.  In  these  matters  the  irresponsible  sys- 
tem of  the  LTuited  States  has  not  been  able  to  effect  any  need- 
ful ii'forms.  Such  nu'asures  can  be  best  carried  by  ministers 
having'  the  initiation  and  direction  of  legislation,  and  must 
necessarily  be  letarded  when  power  is  divided  among  several 
auth(>rities  having  no  unity  of  policy  on  any  cpiestion. 

lu  making  these  comparisons  between  the  very  diverse  sys- 
tems of  Canada  and  the  United  States  1  have  atteuipted  sim- 
ply to  give,  as  far  as  possible  within  the  limits  of  a  single  paper, 
some  of  the  leading  arguments  that  can  be  adduced  in  favor 
of  responsible  government.  1  must  not  be  understood  to  say 
that  its  principles  can  be  fully  and  easily  applied  to  the  fed- 
eral government  of  the  United  States;  on  the  contrary,  I 
agree  with  Dr.  Snow  that  it  would  rcinure  a  radical  change  in 
the  written  constitution,  and  in  the  whole  machinery  of  gov- 
ernment, were  the  responsible  government  of  Canada  and 
England  applied  in  its  entirety  to  the  administration  of  the 
affairs  of  the  union  of  the  states.  In  preference  to  such  a 
radical  amendment  of  the  whole  constitutional  system,  various 
methods  are  i)r«>posed  from  time  to  time  to  bring  the  executive 
and  legislative  authorities  into  closer  relation ;i,  with  the  view 
of  insuring  some  unity  of  policy  in  administration  and  legis- 
lation. The  Swiss  system,  it  is  pointed  out,  would  enable  the 
members  of  the  cabinet  to  assist  in  the  work  of  legislation, 
and,  no  doubt,  would  have  its  advantages  over  the  present 
defective  system,  which  leaves  the  administration  practically 
powerless  in  legish.tion. 

The  Swiss  cabinet  is  not  chosen  on  a  party  basis.  Its  mem- 
bers are  elected  for  a  lixed  term  of  three  years  by  the  federal 
assembly;  they  can  not  vote,  and  do  not  go  out  of  ofBce  if  the 
legislation  they  support  is  rejected  by  the  majority  of  the 
house.  The  system  works  well  in  the  Swiss  Republic,*  and 
could  be  easily  introduced  into  the  United  States.  A  thought- 
ful writer,  however,+  believes  that  "to  vest  in  the  cabinet  the 
right  to  appear  in  both  houses,  initiate  legislation  and  then 

*See  Bourinot,  "  Canadian  Studies  in  Comparative  Politics." 
tHaunJj  Taylor,  author  of  ''The  Origin  and  Growth  of  the  English 
•Constitution,"  in  the  Atlantic  Monthly  for  June,  1890.         -     ,  ^  ^      _    ^    -^ 


384  A3IERICAN   HISTORICAL   ASSOCIATION. 

<lebate  it,  ttouIcI  be  simply  to  make  of  them  a  dumb  show,'* 
aud  it  is  ueeessaiy  ''  the  cabinet  should  represent,  in  its  cor- 
porate person,  the  political  force  which  alone  can  make  its 
presence  effective."  He  suggests  that  each  of  the  great  i  j 
litical  parties  by  a  resolution  of  its  national  convention  should 
"vest  in  its  presidential  candidate  and  his  cabinet,  in  the 
event  of  success,  the  official  i)arty  leadership,  according  to  the 
English  practice."  But  this  (cabinet  would  be  in  no  sense  an 
English  or  Canadian  ministry,  for  it  would  not  be  chosen  from 
a  committee  of  the  governing  body,  the  essential  feature  of 
responsible  government.  Such  a  body  of  men  would  have  no 
direct  influence  on  congress,  not  as  much  as  the  Swiss  offi 
cials,  who  are  at  all  events  the  nominees  of  the  legislature. 
Difficulties  would  constantly  arise  from  the  fluctuating  char- 
acter of  ma-jorities  in  congress.  During  the  presidential  term 
the  complexion  of  congress  might  change,  aud  this  cabinet 
would  find  its  useriilness  practically  gone.  The  fact  is,  the 
whole  constitutional  system  of  the  United  States  is,  one  of 
checks  and  balances,  so  arranged  as  to  prevent  unity  and  har- 
mony at  some  time  or  oiher  in  the  various  branches  of  govern- 
ment, and  the  only  practicable  improvement  that  can  be 
adopted  Avithout  a  revolution  in  the  whole  machinery  of  the 
federal  fabric  seems  to  be  the  adoption  of  the  Swiss  system  in 
some  form  or  other.  It  w^ould  not  by  any  means  remove  all 
the  dangers  and  difficulties  inherent  in  the  present  system, 
but  it  would  probably  aid  congress,  the  real  governing  body 
of  the  country,  in  legislation,  and  throw  greater  light  upon 
the  administration  of  public  aflairs.  In  the  meantime,  while 
the  United  States  are  working  out  this  difficult  problem  for 
themselves,  Canadians  find  satisfaction  in  knowing  that  re- 
sponsible government  provides  all  the  machinery  necessary  to 
give  expansion  to  their  national  energies,  mature  efficient  leg- 
islation, and  keep  the  administration  of  i)ublic  aflairs  in  uni- 
son with  public  opinion. 

Party  government  undoubtedly  has  its  dangers  arising  from 
persona]  ambition  and  unscrui)ulous  i)artisanship,  but  as  long 
as  men  must  range  themselves  in  o])posing  camps  on  every 
subject  there  is  no  other  system  practicable  by  which  great 
questions  can  be  carried  and  the  working  of  representative 
government  efliciently  conducted.  The  framers  of  the  con- 
stitution of  the  United  States  no  doubt  thought  they  had 
succeeded  in  placing  the  president  and  his  dejiartmental  offi- 


PAKLIAMENTARY  GOVERNMENT  IN  CANADA — BOUKINOT.    385 

cers  above  party  vrheu  they  instituted  the  metliod  of  electing 
tlie  former  by  a  body  of  select  electors  cli0>»en  for  that  j)iir])ose 
in  each  state,  who  were  expected  to  act  irrespective  of  all 
pohtical  considerations.  A  president  so  selected  wouk! 
probably  choose  his  oificers  also  on  the  same  basis.  The  practi- 
cal results,  however,  have  been  to  prove  that  in  every  country  of 
popular  and  rei)resentative  institutions  party  government 
must  prevail.  Party  elects  nun  to  the  i)residency  and  to  the 
floor  of  the  senate  and  houst^  of  rei)resentatives,  and  the 
election  to  those  important  positions  is  directed  and  controlled 
by  a  political  laachinery  far  exceeding'  in  its  completeness  any 
party  o'^ganization  in  England  or  in  Canada.  The  party  c-on 
ventiou  is  now  the  all-imi)ortaut  portion  of  the  machinery  for 
the  election  of  the  president,  and  the  safeguard  jMovided  by 
the  constitution  for  the  choice  of  the  best  man  is  a  mere  nul- 
lity. One  thing  is  quite  certain,  that  party  government  under 
the  direction  of  a  responsible  ministry,  responsible  to  parlia- 
ment aiul  the  people  for  every  act  of  administration  and  h'gis- 
lation,  can  have  far  less  dangerous  tendencies  tiian  a  party 
system  which  elects  an  executive  not  amenable  to  public 
opinio'  for  four  years,  divides  the  responsibilities  of  govern- 
ment among  several  authorities,  prevents  harmony  among 
party  leaders,  does  not  give  the  executive  that  contr<d  over 
legislation  necessary  to  the  eltlcient  administration  of  j)ublic 
affairs,  and  in  short  offers  a  direct  piemium  to  conflict  among 
all  the  authorities  of  the  state — a  conflict,  not  so  much  avoided 
by  the  checks  and  balances  of  the  constitution  as  by  the 
patience,  common  sense,  prudence,  and  res])ect  for  law  which 
presidents  and  their  cabinets  have  as  a  rule  shown  at  national 
crises.  But  we  can  clearly  see  that,  while  the  executive  has 
lost  in  influence,  congress  has  gained  steadily  to  an  extent 
never  contemplated  by  the  founders  of  the  constitution,  and 
there  are  thoughtful  men  who  say  that  the  true  interests  of  the 
country  have  not  always  been  ju'omoiedby  the  change.  Party 
government,  in  Canada,  insures  unity  of  policy,  since  the 
premier  of  the  cabinet  becomes  the  controlling  part  of  the 
political  machinery  of  the  state;  no  such  thing  as  unity  of 
policy  is  possible  under  a  system  which  gives  the  president 
neither  the  dignity  of  a  governor-general,  nor  the  strength  of 
a  premier,  and  sjdits  up  political  power  among  any  number  oi 
would-be  party  leaders,  who  adopt  or  defeat  measures  by 
S.  Mis.  173 25 


386  AMERICAN    HISTORICAL    ASSOCIATION. 

private  intrigues,  make  irresponsible  recommendations,  and 
form  political  combinations  for  purely  seltisli  ends.* 

It  seems  (piite  clear  then  tliat  the  system  of  responsible 
ministers  makes  the  jieople  more  imn^  ^diately  resx)onsible  for 
the  efficient  administration  <»f  luiblic  affairs  than  is  possible  in 
tlie  United  States.  The  tact  of  having  the  president  and  the 
members  of  congress  elected  for  different  terms,  and  of  divid 
ing  the  responsibilities  of  government  among  these  authori- 
ties, does  not  allow  the  people  to  exercise  that  direct  intiuence 
which  is  insured,  as  the  exi)erien  e  of  Canada  and  of  England 
proves,  by  making  one  body  of  men  immediately  responsible 
to  the  electors  for  the  conduct  of  public  affairs  at  frequently 
recurring  periods,  arranged  by  well-understood  rules,  so  as  to 
insure  a  correct  expression  of  public  ojunion  on  all  important 
issues.  The  conuuittees  which  govern  this  country  are  the 
choice  of  the  people's  representatives  assembled  iu  parlia- 
ment, and  every  four  or  five  years  and  sometimes  even  sooner 
iii  case  of  a  ])olitical  crisis,  the  people  have  to  decide  on  the 
wisdom  of  the  choice.  The  system  has  assuredly  its  draw 
backs  like  all  systems  of  government  that  have  been  devised 
and  worked  out  by  the  brain  of  man.  t  In  all  frankness,  I  con- 
fess that  this  review  would  be  incomplete  were  I  not  to  refer  to 
certain  features  of  the  Canadian  system  of  government  which 
seem  to  me  on  the  surface  fraught  with  inherent  danger  at 
some  time  or  other  to  independent  legislative  jud^-'nient.  Any 
one  who  has  closely  watched  the  evolution  of  t'  system  for 
years  past  must  admit  that  there  is  a  dangerous  tendency  in 
the  Dominion  to  give  the  executive — I  mean  the  ministry  as  a 
body — too  superior  a  control  over  the  legislative  authority. 
VVHicn  a  ministry  has  in  its  gift  the  appointment  not  onl>  of 
the  heads  of  the  executive  government  in  the  provinces,  that  is 
to  say,  of  the  lieutenant-gov  ernors,  who  can  be  dismissed  bj'  the 
sanu^  power  at  any  moment,  but  also  of  the  members  of  the 
upper  house  oi  the  i>arliament  itself,  besides  the  judiciary  and 
numerous  collectorships  and  other  valuable  offices,  it  is  quite 

*  See  Story,  "  Commentaries  "  (Cooley's  3(1.  ed.  ),  sei.-.  869. 

t  For  a  clear  and  practical  exposition  of  the  superiority  of  the  Cana- 
dian over  the  United  States  system  of  government  the  reader  is  referred 
to  an  address  issued  to  the  Liberal  Party  of  Canada  by  the  Hon.  Oliver 
Mowat,  premier  of  (Ontario,  who  is  specially  cjualiJied  by  his  jjreat  cou- 
stittitional  knowledfje  and  his  strtesmanliko  qualities  to  speak  authorita- 
tively on  such  questions.     (See  Toronto  Globe,  December  14,  1891.) 


PARLIAMENTARY  GOVERNMENT  IN  CANADA BOURINOT.    387 

obvious  tliat  the  element  of  Lumaii  ambition  and  selfishness 
has  abundant  room  for  (»])eration  on  the  floor  of  tlie  ley;'ishi- 
ture,  and  a  bohl  and  skillful  cabinet  is  able  to  ^vield  a  ma- 
chinery very  potent  under  a  system  of  party  government.  In 
this  re8j)ect  the  house  of  representatives  may  be  k'ss  liable 
to  insidious  influences  than  a  house  of  commons  at  critical 
junctures  when  individual  conscience  or  independent  Judgment 
appears  on  the  i)oint  of  asserting  itself  The  house  of  com- 
mons may  be  made  by  skillful  i)arty  management  a  mere 
recording  or  registering  body  of  an  able  and  determined  cabi- 
net. I  see  less  liability  to  such  silent  though  potent  influences 
in  a  system  which  makes  the  president  and  a  house  of  repre- 
sentat.ves  to  a  large  degree  inde])endent  of  each  other,  and 
leaves  his  important  m)minations  to  oliice  under  the  control  of 
the  senate,  a  body  which  has  no  analogy  whatever  with  the 
relatively  weak  branch  of  the  Canadian  i»arliameut,  essentially 
Aveak  while  its  membership  depends  on  the  government  itself 
1  admit  at  once  that  in  the  financial  dependence  of  the  prov- 
inces on  the  central  federal  authoritv,  in  the  tenure  of  the 
office  of  the  chief  magistiates  of  the  i^rovinces,  in  the  control 
exercised  by  the  nunistry  over  the  highest  legislative  body  of 
Canada,  that  is,  highest  in  point  of  dignity  and  lu'ccedence, 
there  are  elements  of  weakness,  but  at  the  same  time  it  must 
be  remembered  that,  while  the  influence  and  power  of  the 
Canadian  government  nuiv  be  largely  increased  bv  the  exer- 
cise  of  its  great  patronage  in  the  hypothetical  cases  1  have 
suggested,  its  action  is  always  open  to  the  approval  or  disap- 
proval of  parliament  and  it  has  to  meet  an  Opposition  face  to 
face.  Its  acts  are  open  to  legislative  criticism,  and  it  may  at 
any  moment  be  forced  to  retire  by  jtublic  opinion  operating 
upon  the  house  of  commons. 

On  the  other  hand,  the  executive  in  the  United  States  for 
four  years  may  be  dominant  over  congress  by  skillful  manage- 
ment. A  strong  executive  by  means  of  party  wields  a  power 
w^hich  may  be  used  for  pur}>oses  of  mere  personal  ambiti»jn, 
and  may  by  clever  management  of  the  party  machine  and 
with  the  aid  of  an  unscrupuh)us  majevity  retain  power  for  a 
time  even  when  it  is  not  in  accoid  with  the  true  sentiment  of 
the  country,  but  under  a  system  like  that  of  Canada,  where 
every  defect  in  the  body  politic  is  probed  to  the  bottom  in  the 
debates  of  parliament,  which  are  given  with  a  fullness  by  the 


388  AMERICAN   HISTORICAL    ASSOCIATION. 

press*  that  is  not  the  practice  in  the  neighboring  lepiiblic,  the 
peoph'  have  a  better  opportunity  of  forming  a  correct  jndg 
ment  on  every  matter  and  giving  an  immediate  \'erdict  when 
the  proper  time  comes  for  an  appeal  to  tliem,  tlie  sovereign 
power.  Sometimes  this  Judgment  is  too  often  influenced  by 
]>arty  prejudices  and  tlie  real  issue  is  too  often  obscured  by 
skillful  ])arty  management,  but  this  is  inevitable  undei-  every 
system  of  popular  government;  and  happily,  sh<juld  it  come  to 
the  worst,  there  is  always  in  the  country  that  saving  remnant 
of  intelligent,  independent  men  of  whom  JMatthew  Arnokl  has 
written,  who  can  come  forward  and  by  their  fearless  and  bold 
criticism  help  the  j)eople  in  any  crisis  when  truth,  honor,  and 
justice  are  at  stake  and  the  great  mass  of  electors  fail  to  appre- 
ciate the  true  situation  of  affairs.  But  I  have  learned  to  have 
confidence  in  the  good  sense  and  judgment  of  the  people  as  a 
whole  ^>hen  time  is  given  them  to  consider  the  situation  of 
affairs.  Should  nuMi  in  i»ower  be  unfaithful  to  their  public  obli- 
gations they  will  eventually  be  forced  by  the  conditions  of  public 
life  to  yield  their  positions  to  those  who  merit  public  conti 
dence.  If  it  should  ever  happen  in  Canada  that  public  opinion 
has  become  so  low  that  public  men  feel  that  they  can,  when 
ever  thej^  choose,  divert  it  to  their  own  seliish  ends  l)y  the  un 
scrupulous  use  of  partisan  agencies  and  corrupt  methods,  and 
that  the  highest  motives  of  jmblic  life  are  forgotten  in  a  mere 
scramble  for  ofllce  and  power,  then  thoughtful  Canadians 
might  well  despair  of  the  future  of  their  country;  Imt.  what- 
ever may  be  the  blots  at  times  on  the  surface  of  the  body  poli- 
tic, there  is  yet  no  reason  to  believe  that  the  public  conscience 
of  Canada  is  weak  or  indifferent  to  character  and  integritv  in 
active  politics.  The  instincts  of  an  English  i^eople  are  always 
in  the  direction  of  the  pure  administration  of  justice  and  the 
eflBcient  and  honest  government  of  the  country,  and  though  it 
may  sometimes  hap])en  that  unscrupulous  politicians  and  dema- 
gogues will  for  a  while  dominate  in  the  party  arena,  the  time 
of  ro^^ribution  and  purilicution  nnist  come  sooner  or  later.  Eng- 
lish methods  must  prevail  in  countries  governed  l)y  an  English 
people  and  English  institutions. 

*Tbe  debates  of  the  senate  and  house  of  commons  are  very  fully  reported 
by  an  official  staif ;  but  tlie  newspapers  in  Toronto  and  Montreal  give  re- 
markably long  reports  of  all  im])(»rtant  discussions.  The  oiiieial  debates 
of  the  commons  are  given  in  French  and  English. 


PARLIAMENTARY  GOVERNMENT  IN  CANADA BOURINOT.    389 

It  is  sometiuies  said  that  it  is  vain  to  expect  a  bigli  ideal  ii>. 
juiblic  lite,  tliat  the  same  principles  that  apply  to  social  and 
private  life  can  not  always  be  applied  to  the  political  arena  if 
party  government  is  to  succeed  5  but  this  is  the  doctrine  of  the 
mere  party  manager,  who  is  already  too  influential  in  ('anada 
as  in  the  Ignited  States,  and  not  of  the  true  patriotic  states- 
man. For  one  1  still  believe  that  tlie  nobU'r  the  object  tlie 
greater  the  inspiration,  and,  at  all  events,  it  is  better  to  aim 
high  than  to  sink  low.  It  is  all  iinpojtant,  then,  that  the  body 
politic  should  be  kept  pure  and  that  public  life  should  be  con 
sidered  a  public  trust.  Canada  is  still  young  in  its  political  de- 
velopment, and  the  fact  that  her  i>opulation  has  been  as  a  rule 
a  steady,  tixed  population,  free  from  those  dangerous  elements 
which  have  come  into  the  Iniited  States  with  such  ra])idity 
of  late  years,  has  kei)t  her  relatively  free  from  many  serious 
social  and  politii-al  dangers  which  have  afilicted  her  neigh- 
bors, and  to  which  I  believe  they  themselves,  having  inherited 
English  institutions,  and  imliued  witii  the  spirit  of  English 
law,  will  always  in  the  end  rise  superior.  Great  responsibility 
therefore  rests  in  the  first  instance  upon  the  people  of  Canada, 
who  must  select  the  best  and  [)urest  aiinmg  them  to  serve  the 
country,  and,  sec<^'idly,  ujxtn  the  men  Arhom  the  legislature 
chooses  to  discharge  the  trust  of  carrying  on  the  goveniment. 
^o  system  of  government  or  of  laws  can  of  itself  make  a  people 
virtuous  and  happy  unless  their  rulers  I'ecognize  in  the  fullest 
sense  their  obhgations  to  the  state  and  exercise  their  powers 
Avith  prudence  and  unselfishness,  and  endeavor  to  elevate  and 
not  degrade  publi<*  opinion  by  the  insidicms  acts  and  methods  of 
the  lowest  i)olitical  ethics.  A  C(mstitution  may  be  as  perfect 
as  human  agencies  can  make  it,  and  yet  be  relatively  worthless 
Avhile  the  large  responsibilities  and  jjowers  intrusted  to  the 
governing  body — responsibilities  and  powers  not  embodied  in 
acts  of  parliament — are  forgotten  in  view  of  ])arty  triumph,  per 
sonal  ambition,  or  pecuniary  gain.  '■•  The  laws,'"  says  Burke, 
'■'  reach  but  a  very  litth^  way.  Constitute  government  how  you 
please,  infinitely  the  greater  part  of  it  nmst  depend  up<m  the 
exercise  of  po  rers  which  are  left  at  large  to  the  prudence  and 
uprightness  of  ministers  of  state.  Even  all  the  use  and  potency 
of  the  laws  depend  upon  them.  Without  them  your  conimou- 
v>'ealth  is  no  better  than  a  scheme  upon  paper,  and  not  a  living, 
iicti^e,  eftective  organization." 


390 


AMCKICAX    HISTORICAL    ASSOCIATION. 


In  Canada,  to  quote  the  words  of  a  Canadian  poet — 

"  As  yet  the  waxen  mould  is  soft,  tin-  u|itiiiii<x  i'iigc  is  lair; 
It's  left  for  those  who  rule  us  now  to  have  their  impress  there — 
The  stamp  of  true  nohility,  liigh  houor.  stainless  truth; 
The  earnest  quest  of  noble  ends;  the  <j(>nenms  heart  of  youth ; 
The  love  of  country,  soarinj^  far  ahove  dull  i»arty  strife; 
The  love  of  learning,  art,  and  song — the  crowning  grace  of  life; 
The  love  of  science,  soaring  far  through  nature's  hidden  ways; 
The  love  and  fear  of  nature's  («od — a  nation's  highest  i)raise. 
So  in  tlie  long  hereafter  this  Canada  shall  be — 
The  worthy  heir  of  British  power  and  British  liberty." 


APPENDIX.— BIBLTOGR J PHICJL  AXD  CRITICAL  NOTES. 

In  the  following  bibliography  the  writer  has  attempted  only 
to  note  those  special  works  and  essays  which  relate  to  the  evo- 
lution of  i^arlianieiitary  government  in  the  provinces  of  the 
Dominion  of  Canada,  explain  the  nature  and  operation  of  its 
conventions,  understandings,  and  rules,  and  enable  the  student 
of  political  institutions  tv.  make  comparisons  between  the 
Canadian  system  of  responsible  government,  as  briefly  set 
forth  in  the  foregoing  pages,  and  the  very  divergent  system 
of  congressional  government  that  prevails  in  the  United  States. 
With  the  view  of  making  this  review  as  complete  as  possible, 
it  has  also  been  thought  useful  to  give  sii<;h  references  to  lead- 
ing Canadian  authorities  on  the  French  regime  as  will  enable 
the  reader  to  trai^e  more  clearly  the  evolution  in  the  political 
development  of  the  Dominion  from  the  beginning  of  the  sev- 
enteenth to  the  closing  years  of  the  nineteenth  century. 


I. — THK    FUr.Ni  H    lU'LE. 

Edits,  Ordonnances  Royaux,  Declarations  et  Arrets  du  Conseil  d'Etat  du 
Roi,  Concernant  le  Canada.  Im])rimcs  sur  une  adresse  de  I'Assemblee 
legislative  du  Canada.  Revus  et  Corriges  d'apres  les  Pieces  originales 
d^posees  aux  archives  provinciales.  Quebec:  E.  R.  Frechette,  1854. 
pp.  648. 

In  the  foregoing  and  following  collectioua  of  documents  we  .see  clearly  the  na- 
ture of  the  alisolute  governiiifut  j'stMblishcd  in  ( 'anaila  during  the  days  of  French 
rule,  when  tlio  king  and  his  .'JUim'nio  or  superior  coimcil  regulated  all  the  affairsi 
of  the  council,  even  the  .siile  and  price  of  l)read.  It  wa.s  a  parental  control,  which 
kept  the  people  in  the  condition  of  cliildren. 

Arrfits  et  R6glements  du  Conseil  Sup^rieur  de  (Ju<'bec,  et  Ordonnances  "t 
Jugemeuts  des  Intendants  du  Canada.  Quebec:  E.  R.  Frechette,. 
1855. 


PARLIAMf:XTAi;V  GOVERNMENT  IN  CANADA IJOrRINOT.    301 

Coiiipl(^nieut  <l«'s  Onloiiiiiinces  et  .Jiigements  des  Gonvemenrset  Intemlante 
(In  CuiKHlii,  pro(e(l<5  dcs  CoinuiissioiiH  iles  dits  Gonvenienrs  et  InteTi- 
«laiits  et  «li's  (litl['oi«'iitsi»tti('i<'rscivils  ct  dcjiistiro,  avec  une  tiil)l«'  ii1]i]ia- 
bdtifjno  de  toiitcs  Ics  iiiatit'ies  toTitciiuos  taut  dans  <•♦»  vdluiiie  <[n<»  dans 
les  deux  voluiiieH  proc^dents.  Quebec:  E.  R.  Frechette,  1856.  8vo, 
pp.  77(5. 

Jugements  et  Delibi'ratious  du  C'ouseil  Souverain  [Supoiieur]  de  la  Nou- 
velle  France;  l'ubli(^s  sous  les  auspices  de  la  legislature  de  Quebec, 
Quebec:  A.  Cotd  et  Cie.,  1885,  1886,  1887,  1888;  Joseph  Dussault,  1889, 
1891.     6  vols,  in  Ito,  pp.  Ixi,  1084, 1U2, 1163, 1194, 1110,  1276. 

Tlie  iiitrnductioii  (i-lxi)  on  the  constitution  of  tlie  suprfnie  or-siipt'iior  connril  of 
Quebec  was  written  by  one  ot  tlie  iibh'st  Freneh  (Jauadiiui  i>iiblicists  and  .scholarx, 
thelate  Uon.  P.  J.  O.  Chavean,  F.K.S.,  Can. 

Conra  d'Histoire  du  Canada,  j»;ir  .J.  B.  A.  Forland,  Pretre,  profess<3ur 
d'histoire  a  ITuiversite  Laval,  1534-1759.  Quebec:  Augnstin  Cote, 
1861,  1865.     2  vols.,  8vo,  pp.  xi+.522;  vi+6l8. 

A  scholarly  work,  in  which  an  impartial  iiaTrative  of  the  French  regime  is  pre- 
sented; but  its  account  of  the  system  of  a<lministration  is  not  as  full  as  that  of 
Garneaii.  The  Abbe  Laverdiere  revised  the  proofs  of  tlitjfrreatev  part  of  the  second 
volume,  as  the  author  died  before  his  manuscript  was  all  in  print. 

Histoire  du  Canada,  depuis  sa  dcScouvorte  jnsfiu'a  nos  jonrs.  Par  F.-X. 
Garueau.  Quatricuie  edition.  4  vols.  Montreal:  Beaiichemin  et 
Valois,  1882.  8vo,  pi>.  xxii+396,  467,  407,  cccxcviii ;  the  fourth  volume 
containing  a  biographical  notice  by  M.  Chaveau,  an  analytical  table  ]>y 
M.  B.  Suite,  and  a  poem  on  French  Canadian  history  by  M.  Louis 
Frechette. 

Th's  is,  in  some  respects,  the  ablest  Canadian  history  of  the  French  regime  and 
of  the  French  province  of  Quebec  from  the  discovery  of  Cansula  until  the  union  of 
the  provinces  of  Ui)per  and  Lower  Canada  in  1841.  It  is.  however,  largely  influ- 
enced by  Fii'iich  (^anadian  ideas  and  is  in  no  sense  Canadian  in  the  large  sense  of 
the  word,  which  should  include  all  nationalities  and  interests.  It  gives  a  clear 
account  of  the  govarnment  under  the  French  regime  and  a  very  favorable  review 
of  the  eflbrt  of  Papineau  and  his  friends  to  obtain  a  more  popular  system  of  gov- 
ernment.   Papineau  is  the  hero  of  the  book. 

The  Old  Regime  in  Canada.  By  Francis  Parknian.  Boston  ;  Little,  Brown 
&  Co.,  1874.     8vo,  pp.  xvi+44«. 

No  work  that  luw  yet  been  publislied  gives  a  more  accurate  or  interesting  view 
of  the  actual  condition  of  atf'airs  in  Canada  under  the  system  of  feudalism  and 
absolutism  that  governed  the  province  during  the  days  of  French  rule.  Chapter 
XVI  describes  the  nature  of  the  government  and  its  defects  and  abuses.  The  con- 
cluding chapter  is  a  powerful  summing  up  of  the  etfects  of  Canadian  absolu- 
tism on  the  formation  of  Canadian  cliaracter  and  of  the  radical  dill'erences  between 
the  New  England  and  the  French  colonists. 

The  History  of  Canada.  By  W.  Kingsford,  i.l.d.,  K.R.S..  Can.  Toronto: 
Roswell  &,  Hutchison,  1887-1890.  4  vols.,  8vo,  pp.,  xi4-488,  xi+564, 
xviii+580,  xix-|-.584. 

This  latest  contribution  to  the  history  of  Canada — completed,  so  far,  to  1763 — is 
written  from  an  English-Canadian  point  of  view  and  is  on  the  whole  a  dispassionate 
narrative  of  the  French  regime;  but  the  author  does  not  artem])t  like  Garneau  togive 
an  extended  account  of  the  fabric  of  government  as  it  existed  from  the  conquest. 

The  History  of  Canada  tuxler  French  Regime,  1535-1763.  By  H.  H.  Miles, 
LL.D.,  D.CL.,  Secretary  of  the  Quebec  Council  of  Public  Instruction. 


392  AMKIilCAN   HISTORICAL    ASSOCIATION. 

Montrt-al :  Dinvsoii  r.roH..  1881.     12iiu»,  pp.  xvi+.521,  witli  maps,  plans, 
and  illiistriitions. 

Written  from  iui  iiiip.irtial  standpoint  and  jjiving  an  anthentic  review  of  the  kov- 
eniKUtal  institutions  of  rnncli  Canada  in  the  course  of  the  narrative. 

Xe  Droit  Civil  Cauadion  snivant  ronlrc  <^tal»li  par  Ics  ((kU'S.  I*r»'C('(16 iVune 
liistoire  grucrale  du  droit  Canadien  par  Gonzalve  Doutiv,  h.c.l.  :  et 
Edmond  Lareau,  LL.B.  Montreal:  Doiitre  «&Cie.,1872.  Large  8vo,i)p. 
xvii-f-784.      ,. 

This  work  jrives  a  r'arefnlly  prepared  r^'^iunie  of  the  political  and  Icjral  institu- 
tions of  Canada  fiom  1608-17',M.  Tlie  second  vohinie,  on  tliei)eriod  frfini  1791  to 
18G7,  nev^r  appeared,  as  the  iirincijial  author.  M.  Doiitn-.  died  without  complet- 
ing it. 

Histoire  dn  Droit  Canadien  depnis  les  Orifjjiiies  <le  la  Colonie  jusrju'.ano.s 
jonrs.  Par  Kdmond  Lareau,  avocat.  doot«^nr  on  droit,  i>rofcss«Mir  h  la 
facultd  dc  droit  dc-  runivcrsitc  MrGill.  Montreal:  A.  Periaril,  1888. 
2  vols.,  8vo,  i»i).  x-f-518. 511. 

Tliis  treatise  gives  an  excellent  exposition  ol'  the  civil,  legal,  and  political  insti- 
tution.s  of  Frencli  Canada  from  its  settlement  until  the  i)re.sent  time.  The 
.author  was  encaged  with  M.  l>ontre  in  the  preparation  of  the  work  just  men- 
tioned, whicli  was  never  complered  in  aci-ordanee  with  its  original  design  on  ac- 
count of  the  death  of  tlie  latter.  This  l)Ook  practically  meets  the  w.ant  which 
Messrs.  Lareau  and  Doutre  intended  to  supply  when  they  brought  out  the  former 
book  conjointly. 

II.     ESTABLISHMENT     OF    RKPRESEXT.VTIVR    IN.STITU TIOX.S — EVOLUTION     OF 

RKSPOXSIBLK   GOVERNMENT. 

Debates  of  the  House  of  Commons  in  the  year  1774  on  the  bill  for  mak- 
ing more  effectual  provisioji  for  the  g<jverninent  of  the  province  of 
Quebec.  Drawn  up  from  the  notes  of  the  Rt.  Hon.  Sir  H.  Cavendish. 
Bart.  London:  Ridgway,  1839.  8vo,  pp.  vii-f-303,  with  a  copy  of 
Mitchell's  map  of  Canada. 

Invaluable  to  students  of  the  d.awn  of  the  legislative  history  of  Canada. 

The  Quebec  act,  1774.  l>y  (ierald  E.  Hart.  Limited  edition.  Montreal: 
1891.     8vo,  pp.  44.     Reprinted  from  Canailiana,  Vol.  ii.  No.  10. 

This  is  a  paper  read  l.iefore  the  Society  for  Historical  Tadies,  Montreal,  1890, 
and  attempts  to  show  that  the  Qttebec  act  was  unpojjular  among  some  French  Can- 
adians, for  whose  benefit  it  was  specially  framed.  The  api>endix  contains  extracts 
from  Cavendish's  Debates.  It  has  an  illustration  of  the  liust  of  tleorge  ITT,  which 
was  defaced  in  Montreal  by  some  enemies  of  the  Quebec  act. 

Nine  Lectures  on  the  Earlier  Constitutional  History  of  Canada,  delivered 
before  the  I'niversity  of  Toronto,  in  Easter  term,  1889.  By  W.  .}.  Ash- 
ley, M.  A.,  professor  of  political  economy  and  constitutional  history. 
Toronto:  Rowsell  &  Hutchinson,  1889.     8vo,  pp.  100. 

Tliis  series  of  lectures,  whicli  do  not  prolVss  to  throw  any  additional  light  on  thf> 
period  of  wliicli  they  treat,  has  an  interesting  sketch  "of  the  beginnings  of  repre- 
sentativ-e  government  in  Nova  Scotia."  The  author  also  dwells  on  the  system  of 
goveriunent  introduced  in  1CG:{  in  Canada,  and  concludes  with  a  review  of  the 
Quebec  a<'t  and  its  etl'ects. 

Selections  from  the  I'nblic  Documents  of  the  Province  of  Nova  Scotia. 
PMitedbyT.  H.  Akins,  d.c.l.,  commissioner  of  ])ubi.j  records.  Hali- 
fax, Nova  Scotia:  C.  Aunatnl,  1869.     8vo,  pp.  755. 

This  useful  compilation  contains  a  iminbei'  of  original  doctiments  relating  to  the 
establishment  of  representative  government  in  Nova  Scotia. 


PARMAMKXTARY  GOVERNMENT  IN  CANADA BOURIXOT,    3')3 

Reports  on  Ciinadian  Archives,  1X83-1891.     By  Douglas  Brymurr,  arcLivist, 

Ottawa:  Government  printer. 

Tlinm^liout  tlifSi-  iiHcfiil  volumes  rrfcronces  aro  given  to  valiiahlt^  state  papp'-s 
beaiiuji  ou  tin-  civil  govcnimt'ut  ot'  Canada.  The  volume  lor  1890  has  citations 
from  documents  relatinjj  to  the  eonstitutional  act  of  1791  and  the  establi:ihmuQt  of 
reiireseiitative  institutions  in  Uiiper  and  Lower  (^niada. 

Tlie  Life  and  Times  of(i«nt'ral  John  Graves  Siiucoe.  By  D.  B.  Read,  Q.  c. 
Toronto:  George  Virtue.  18fH).  8vo,  pp.  xv-f-305,  with  a  portrait  of 
of  Simcoo,  and  other  illustrations. 

Tlii.s  is  a  well-written  life  of  the  lirst  governor  of  the  province  of  Upper  Canada 
(Ontario),  when  it  was  established  in  17'J2.     It  gives  a  brief  narrative  of  the  in 
auffuration  of  rejtresentative  government  in  that  section. 

A  history  of  the  latt^  province  of  Lower  Canada,  i)arliamentary  and  po- 
litical, from  the  coisimencemeiit  to  the  close  of  its  existence  as  a 
separate  province,  eiahraciiig  a  pt^riod  of  tifty  years;  that  is  to  say, 
from  the  erection  of  the  province  in  1791  to  the  extinguishment  thereof 
in  1841  and  its  reunion  with  I7ppcr  Canada  by  act  of  the  Iiiiperial 
Parliiuiient,  in  conse([uence  of  the  pretensions  of  the  representativo 
asst'inlily  (if  the  proviucti,  audits  rei)udiation  iti  1837  of  the  constitu- 
tion as  )»y  law  estalilished,  an<l  of  the  rebellions  to  which  these  gave 
rise  in  that  and  the  following  year,  with  a  variety  of  interesting  no- 
tices, tinancial,  statistical,  historical,  et<'.,  availalde  to  the  future  his- 
torian of  Xcrth  Anierira,  including  a  prefatory  sketch  of  the  province 
of  Quebec,  from  the  conquest  to  the  passing  of  the  Quebec  act  in  1771 
and  tlience  to  its  division  in  1791  int(»  the  provinces  of  Upper  am! 
Lower  Canada;  with  details  of  the  military  and  naval  operatiotrs 
therein  during  the  late  war  wilh  the  United  .States,  fully  exjilainiug 
also  the  difticulties  with  respect  to  the  civil  list  and  other  matters; 
tracing  from  origin  to  outl»reak  the  disturbances  which  led  to  the  re- 
union of  tlie  two  ]>rf>vinces.  By  Robert  Christie.  Quel>ec:  T.  Cary 
&  Co.,  1848-1850;  .John  Lovell,  1853-1854.  5  vols.,  12mo,  pp.  xiv 
4-360;  i-l-396;  xi-f-564;  iv-|-540;  vi+424. 

Interesting  Public  Documents  and  (^)tficial  Correspondence,  Illustra- 
tive of  and  Su])plemcntary  to  the  History  of  Lower  Caiuida.  Pub- 
lished by  Robert  Christie.  Montreal:  John  Lovell,  1855.  12mo,  pp. 
xii-f468. 

The  title  pages  of  these  six  volumes  sutliciently  indicate  the  scope  of  a  work 
which  is  inval-uabU'to  the  student  of  representative  and  parliamentary  government 
in  Canada.  The  author  was  for  years  a  member  of  tlie  Lower  Canada  legislature, 
and  has  given  us  a  review  of  public  e\cnts  reiuarkable  for  its  fairness  and  ac- 
curacy, and  doubly  valuable  from  the  fact  that  he  quotes  very  many  official  docti 
meuts  in  whole  or  in  part.  Garneau's  Historj-,  mentioned  above,  must  be  read  in 
cornectioD  with  this  work. 

Histoire  du  Canada  sous  la  Dominaiion  Frau(;aise,  Montreal  (1837  et  1843). 
Histoire  du  Canada  et  dos  Canadiens  sous  la  Domination  Anglaise 
(/&ir?.,  1844  et  1878.)     Par  Michael  Bibaiul.     12mo. 

The.se  works  show  industry,  and  are  distinguished  for  impartiality  on  the  whole 
in  the  review  of  thejieriod  from  ITCIJ  tc  18:i7,  when  the  work  closes.  Its  literary 
merit,  however,  is  inferior  to  that  of  Ferland  or  of  Garneau.  It  is  now  practically 
iorgotten. 

The  Life  and  Tinses  of  W.  Lyon  Mackcn/ie.  with  an  account  of  the  Cana- 
dian Rebellion  of  1837,  and  the  subsequent  frontier  disturbances,  chiefly 


304  AMEKICAN   HISTORICAL   ASSOCIATION. 

from  mipnblished  <locnment8.     H.v  Charles  I.iiidsey.    Tormito:  Saiinu-? 
_       Pike,  IWJ.    2  voI^..,  Svo.,  pp.  Wl,  40U,  witli  portraits  of  W.  L.  MacKen- 
zic  and  Sir  Francis  Head. 

Tlu-  antlK.r  was  a  son-in-law  of  the  eld  Canadian    'patriot,-    and  has  not  Wen 
.iblealwajHto  j-ivea  perfectly  impartial  ojdnion  on  the  .■vtntsof  tlit-txcitin"  period 
..f  whi.h  he  write...    On  the  whole.  h,.w.v.  r.  it  is  a  valualde  eoutribution  to  the 
history  of  the  momentous  strugjilt' iw  free  government. 
The  story  of  the  Cpjnr  Canadian  Kel.ellion.  largely  derived  from  original 
HOiireeH  and  doiiiinent.s.     By  .)nhn  Cliarh-s  Dent,  author  of  "The  "bast 
Forty  Years."    Toronto:  C.  Hlackett  Koliinson,  lh85.  2  vols.,  4to,  ]>,.. 
viii-f:iS4;  vii+382,  with  exeellent  portraits  of  Dr.Koli)h  and  W.  Lyon 
MacKeu/.ie. 

This  work  is  written  from  a  point  of  view  very  different  from  that  of  the 
work.jnsteited.  It  is  characterized  by  Mr.  Denfs  hieiditv  of  .style,  and  is  in 
many  respects  a  severe  arrain^ment  of  MacKenzie's  re.klessne.ss  a.s  a  public  man, 
while  nu.kin-fnll  allowance  for  the  p.il)lie  grievances  under  which  the  i)rovince 
labored  before  ]8;J9. 

A  Narrative.  Hy  Sir  Francis  i;«».id  Head,  Bart.  London:  John  Murray, 
1889.     8vo.,  pp.  viii4-.148,  witli  an  ajtpendix.  pp.38. 

This  ia  a  defense  <if  the  injudicious  a.lministratiou  of  Lieutenant-Governor  Sir 
B'lancis  Head,  duriu':  the  trying  times  in  Upper  Canada  which  culminated  in  the 
futile  etlorts  of  AF.  Lyon  Mackenzie  and  a  few  others  to  raise  a  rebellion  in  that 
province.  It  contains  the  most  important  of  his  dispatches  to  the  imperial  gov- 
ernment. 

Report  on  the  Affairs  of  British  North  America,  from  the  Earl  of  Durham, 
Her  Majesty's  high  conmiissioncr  for  the  adjustment  of  certain  im- 
portant «inesti(ms  «h-pending  in  the  provinces  of  rjtper  and  Lower 
Canada,  respecting  the  i'orm  and  future  government  of  the  said  prov- 
inces.    Submitted  to  I'ariiament,  1839. 

A  remarkable  exj.osition  of  the  defects  that  until  1840  prevented  the  eflfective 
operation  of  representative  institutions  in  British  North  America.  It  laid  the 
foundation  of  respon.sible  sovernment  in  Canada,  and  on  that  account  must  always 
be  cited  as  among  the  great  state  papers  of  the  world  influencing  the  destinies  of 
peoples. 

The  Last  Forty  Years:  Canada  since  the  Union  of  1841.     By  John  Charles 
Dent.     Toronto:  George  Virtue,  virca  1880-1881.     2  vcds.,  4to,  pp.  .S92 
648. 

This  is  the  best  history  of  the  period  when  responsible  government  was  being 
finnly  est.ablished  in  the  two  Canadas.  It  has  iwrtiaits  of  Lord  Durham,  Lord 
Sydenham,  Louis  Jo.seph  Papineau,  "\V  Lyon  Mackenzie,  Kol)ert  Baldwin,  Sir  H. 
L.  Laiontaiue.  Sir  Charles  Bagot,  Sir  Francis  llincks.  Lord  Metcalfe,  and  Lord 
Elgin,  whose  names  are  indissolubly  connected  with  the  political  history  of  Canada. 
Strange  to  say,  Mr.  Howe's  portrait  is  omitted,  though  we  see  the  faces  of  other 
])ublic  men  nuich  inferior  to  him  in  ability,  reputation,  and  influence. 
•'Les  Quarante  deruieres  Annde.s,   Le  Canada  depuis  I'Union.     Par  J.  C. 

Dent."     Etude   critique,  par  PAbbe  Casgrain.     Trans,  of  Roy.  Soc.  of 

Can.,  Sec.  I,  1884. 

The  Abbe  Casgrain,  a  well  known  French  Canadian  litterateur,  here  takes  ex- 
ception to  some  of  Mr.  Dent's  comments  on  the  history  of  the  times  of  which  he 
treats.     The  Abbe  is  always  ultra  French  Canadian. 

LeCanadr   sous  PT'nion.     1841-1867.     Par  Louis  Turcotte.     Quebee:  Des 
Presses  du  Cana<lieu,  1871.     2  vols.,  12mo,  pp.  225,  613. 

The  author  was,  until  his  death,  on(>  of  the  officers  of  the  legislative  library  of 


PARLLUIE-NTARY  (JUVEKNMENT  LNMJANADA I50URIN0T.     3'J5 

(^iiebei",  iUi<lciiii>ii)yf<l  hislt'iaiiro  in  writing  i\  nnrrativ*'  of  tliat  iniiiorant  inrioilor 
tlio  liistury  <if  Cjinuda  wlii'ii  rosiMinsililc  fiovcriinKiit  wa.-t  flriiily  cstaMislioil  in  ftiat 
ju'dvinrt'.     It  is  rcadiilile  and  at'curatf. 

Dix  Ans  ail  CuiiiKlii.  do  1840  to  1S5().  Histoire  de  rotal»li8»fineut  dii  j^ou- 
vernemeut  respoiisalde.  I'ar  A.  Gerin-Lajoie.  Qiitibec:  DeiniTs  et 
Frcre,  1888.     Larg.'  Svo,  pj..  618. 

Tlii«  vork  w:!s  left  in  nrinnsi  ript  1)ya  fomicr  assistant  liitrarian  oftli<>  jiarlia- 
ment  of  Canada,  a  well-known  Frcnch-t'anartian  Utto.rateur,  and  was  only 
printt'd  some  years  alter  liis  death,  mainly  owiiij;  to  the  elForts  of  the  Abbe  Cas- 
grain.  It  ;;ives  a  narn;tiv(>  of  t!n^  most  iinjiorlant  period  in  llie  history  of  respon- 
sible government  in  Caniida,  from  IStd  to  ]8,")0,  froin  Lord  Sydenham  to  T.ord 
Elgin.  It  i.s  written  from  a  strongly  I''reneh-Canadi.in  jtoint  of  view,  and  may  bo 
read  in  «'onMertion  with  Dent's  valuable  history,  which  is  more  Kngli.sh  in  spirit ; 
in  fact,  more  ra!i;Mlian  in  thelarire  sense.  This  worl;  tirst  appeari'd  in  I^e  Can.'ida 
Fran9ais  (18H8),  a  litiTury  jierioilieal  ]iul)lished  at  l^iiebec  under  the  aiispi<'«>s  of 
Laval  University. 

Memoir  of  the  life  of  tlie  Rt.  Hon.  Cbarlcs  I.,or(l  Syilciiliam,  c.  c.  b.,  witli  a 
iiarialivc  of  his  ,i«lministiiitiou  in  Canada.  Edited  by  his  hroth^r.  (J. 
Ponlett  8fro]).'.  M.  V.  London  :  John  Murray.  1813.  8vo,  xii+498,  with 
a  portrait  of  Eord  Sydonhana. 

An  impartial  riccoiint  of  tlie  life  of  an  Engli.sh  statesman  who,  during  his  short 
administration  in  Canada,  assisted  in  laying  the  foundation  of  the  liberal  system 
of  government  the  eonntry  now  enjoys.  Tt  contains  all  his  speef'hes  and  letters 
bearing  on  this  interesting  and  imptirtiint  epoch  of  Canadian  political  history. 

The  lifts  and  eorrcspondt'iu-tMif  Charles  Lord  Metcalfe.  Hy  John  W.  Kayo. 
A  new  and  revised  edition.  London:  Smith,  Ehler  «fc  Co.,  18.58.  2 
vols.,  12mo,  pp.  xxiv-|-453,  viii+480. 

Lord  Met^^alfe's  career  in  Canada  w.is  vcmarkable  for  its  tenderu'v  to  impede  the 
progress  of  responsible  gtivetnment,  and  this  work,  which  is  strongly  jiartisan.  en- 
deavors to  place  the  most  favorable  construction  on  his  political  action  in  this 
trying  period  of  Canada's  political  development. 

Letters  and  Journals  of  James,  eighth  Earl  of  Elgiu,  (iovt^riior  of  Jamaica, 
Governor-C4eueral  of  Canada,  etc.  Edited  hy  T.  Walrond.  c.  B.,  witli  a 
preface  by  Arthur  Penryhn  Stanley,  i>.  d.,  Dean  of  Westminster.  Lon- 
don :  John  Murray,  1872.     8vo,  pp.  xii-|-467. 

Chapters  III-\^,  inclusive,  are  devoted  to  a  review  of  Lord  Elgin's  remarkably 
able  administration  oi  public  affairs  in  Canada,  where  with  consummate  tact  he 
established  responsilile  government  on  stable  foundations. 

The  Colonial  Policy  of  Lord  .Tohn  liusseH's  Administration.  IJy  Earl  f  ircy. 
2d  ed..  with  additions.  London:  Richard  Bently,  1853.  2  vols.,  8vo, 
xxviii-f446.  xii+.')08. 

Lord  Orey  was  co.onial  secretary  when  responsible  government  was  tin.'dly  estab- 
lished under  the  administration  of  Lord  Elgin  in  Canada.  In  tliis  work  ho  informs 
US  of  the  general  tenor  ot  the  instructions  given  to  that  able  governor-general,  and 
of  the  successful  result  of  his  policy  and  conduct. 

Review  of  the  Colonial  Policy  of  Lord  J.  Russell's  Adniinistratiou.  by  F'.arl 
Grey,  18r)3,  and  of  subse(iuent  colonial  history,  by  Rt.  lion.  Sir  C.  B. 
Adderley,  k.o.m.g.,  m.p.  Loudon:  Edward  Stanford,  1869.  8voviii 
+423. 

The  author  entertains  a  view  of  the  theory  of  colonial  government  different  from 
that  put  forth  in  Lord  Grey's  work.  The  latti^r  was  an  advocate  of  large;  parental 
control  over  depcndencieij  by  the  sovereign,  "as  theconstitiUional  head  of  t  lie  execu- 
tive and  final  constituent  of  legislature;"  but  in  the  opinion  of  the  former  "  such 
control  distance  must. make  more  galling  and  of  which  the  more  benevolent  and 


396  AMERICAN    HISTORICAL    ASSOCIATION. 

conscientious  its  exercise  the  more  fatal  must  Ix'  the  effects  npon  the  vi<;or  and 
prosperity  of  its  sulyects,  whicli  not  only  <leprives  them  of  the  exercise  of  self- 
administration,  but  exposes  them  to  havin;;;  their  atl'airs  treated  as  the  materials  of 
party  strujtyles  iu  Enjjland,  with  which  they  have  no  concfm.''  As  in  the  case  of 
Canada,  (ventually  "  a  minister  iiuist  yield  the  freedotu  wiiich  will  not  wait  to  be 
trained  by  him."  The  part  of  the  work  devoted  to  Canada  is  a  judicious  and  cor- 
rect r6aum6  of  the  political  affairs  of  Canada  and  of  the  provinces  of  Nova  Scotia, 
New  Brunswick,  Prince  Kdward  Island,  and  British  Columbia,  until  Confed 
eration.  ^Mr.  Adderley,  theti  under-M-cietiiry  for  the  colonics,  had  charge  of  the 
union  act  in  the  commons,  and  was  ouc  of  its  most  earnest  and  able  advocates. 

The  Constitiitioual  History  of  Eug]aii«l  Since  the  Actfssion  of  George  the 
ThirJ,  17flO-lK>0.  By  Sir  Thomjis  Enskiiie  May,  K.  <;.  r.,,  D.  c.  L.,  with  a 
new  snpplenientary  chapter,  1881-71.  Sixth  edition.  3  vols.  London: 
Longmans,  Green  &  Co.,  1878.     12nio,  pp.  xix+459,  xi+420.  xiv+499. 

In  the  third  volume  of  this  well-known  work  by  the  late  clerk  of  the  English 
Commons  we  h.ave  a  chapter  (xvii)  devoted  to  a  historical  review  of  colonial  con- 
stitutions !md  the  development  of  constitutional  liberty  iu  Canada  and  other  de- 
pendencies of  the  empire. 

How  liritish  Colonies  got  Responsible  Government.  By  Sir  Gavan  Dnffy, 
K.c.M.G.     Contemjiorary  Review  for  May  and  Jnne,  1890. 

An  important  contribution  to  the  history  of  responsible  government  by  an  able 
])ublic  stiitcsman.  who  was  a  member  of  the  first  adniinistnition  formed  under  that 
system  in  the  colony  of  Victoria.  Australia.  He  does  not  exaggerate  the  abuses  of 
the  old  system  in  Canada  or  the  value  or  Lord  Durham's  report.  He  is  also  cor- 
rect when  he  says  that  "the  birth  and  parentage  of  colonial  rights  are  traceable  to 
the  soil  of  Canada,"  for  her  success  in  obtaining  free  gov(>rnment  led  to  its  estab- 
lishment among  all  the  important  dependencies  of  the  Crown. 

The  Speeches  and  Public  Letters  of  the  Hon.  Jose])li  Howe.  Edited  by  W. 
Annand,  m.p.  Boston:  J.  V.  .Tewett  &  Co.,  1858.  2  vols.,  8vo,  pp. 
ix+642,  iv+5o8. 

In  this  collection  of  the  best  speeches  and  letters  of  the  ablest  exponent  of  respou- 
silde  government  we  see  clearly  laid  down  its  j)rinciples  and  docrines,  as  urged  on 
the  public  platform,  in  the  legislative  halls,  and  in  the  press  iu  the  times  ■when 
Canadian  statesmen  and  people  were  earnestly  contending  for  an  extension  of 
their  political  liberties. 

Rem.  iscences  of  His  Public  Life.  By  Sir  Francis  Hincks,  K.c.M.  c,  c.B. 
Montreal:  W.  Drysdale  &  Co.,  1884.     8vo,  pp.  450. 

The  author  of  this  work  was  one  f>f  the  most  prominent  public  men  of  the  old 
province  of  Canada,  and  took  j)art  in  the  exciting  decisive  struggle  that  preceded 
and  followed  the  introduction  ot  responsible  government.  In  Chapter  iv  he  gives 
Ilia  version  of  the  action  of  Lord  Sydenham  (Poulett  Thoms.in),  who  assisted  in 
the  ostii'iiiishment  of  the  imion  of  1841  and  in  the  laying  of  the  foundation  of  a 
responsiole  system.  It  is  valiujble  as  a  ])cr.sonal  contribution  to  tae  literature  of 
tiiose  times  by  an  actor  who  <!id  much  to  mold  the  political  constitution  of  Can- 
ada.    He  was  no  admirer  of  Lord  Sydenham. 

Canada  During  the  Victorian  Era;  A.  Sh-  ;■  listorical  Review.  By  J.  (J. 
Bourinot,  i,i..i>.  Magazine  <»f  Aiiierican  iustory  (New  York),  May  and 
June,  1887. 

Intended  mainly  to  show  the  political  developm  ii  <  Canada  since  the  conces- 
sion of  resp(insible  government,  which  was  iuaugu^aied  during  the  first  years  of 
the  reign  of  the  Queen. 

Canada:  Its  Political  Development.  By  . I.  G.  Bourinot,  ll.  d.  The  Scot- 
tish Review  (Paisley  &  Londnn)  for  July,  1885. 

A  brief  review  of  the  leading  features  of  the  constitntionnl  progress  of  Canitdft 
for  a  century. 


PARLIAMENTARY  GOVERNMENT  IN  CANADA BOURINOT.    307 

A  History  of  Our  Own  Tinier?  from  the  Accession  of  Qut'eu  Victoria  to  tho 
Berlin  (*onfjress.  I5y  Justin  McCarthy,  m.p.  New  York:  TTarjit-r 
Bros.,  1880.     2  vols..  8vo,  pp. .")().  (582. 

Contains  two  chapters  which  are  reatlablo  acconnts  of  the  political  develop- 
meiit  of  tlio  Cuuiula.s  and  of  the  birtli  of  Uw  Dominion,  viz,  thaptcr  :t,  on  Canada 
and  Lord  Durham,  and  chapttT  5,'>,  on  "  Tlie  example  of  The  Xuvv  Dominion."  This 
work  is  now  jnatly  con.'iidered  as  an  etfort  of  a  skillful  and  aupertieial  Journalist 
rather  than  of  a  deep  ))iditieal  thinker.  Be  that  as  it  may.  the  writer  forms  a  fair 
estimate  of  tlio  service  Lord  Durham  performed  for  Cauaila. 

The  History  of  Canada  from  its  First  Discovery  to  the  Present  Time.  By 
John  MacMullen.  Second  edition,  revi.sed  and  improved.  Brockville, 
McMulleu  vt  Co.,  18t;8.     8vo,  p]).  xviii+613. 

A  readable  historical  narrative,  imbued  with  strong  English  Canadian  icieas,  and 
not  always  ac  -urate,  probably  on  a<'count  of  the  author  not  having  access  to  many 
original  sources  of  infonnation.  Tt  gives  <»n  the  wliole,  however,  an  impartial 
account  of  the  development  and  establishment  of  responsible  government  in  the 
old  provinces  of  Upper  antl  Lower  Canada. 

History  of  the  Dominicm  of  Canada.  By  Rev.  W.  P.  Greswell,  m.a. 
{Oxo».).  Under  the  auspices  of  the  Royal  Colonial  Institute.  Oxford: 
At  the  Clareudon  Press,  1890.     12mo,  i»p.  xxxii+8;W. 

This  little  scIio(d  Iiisfory  has  a  generally  accurate  sketch  of  the  evolotion  of 
responsible  government  from  I'apineau's  Rebellion  until  Confederation,  aii.i  gives 
also  in  the  Appemlix  a  summary  of  the  Quebec  act  of  1774,  of  the  constitutional 
act  of  lS91,of  L(u-d  Dnrliam's  Keport  of  the  Union  act  of  1840,  and  of  the  British 
North  America  act  of  1867. 

A  popular  history  of  the  Dominion  of  Canada  from  the  discovery  of  Amer- 
ica to  the  present  time.  Including  a  history  of  the  provinces  oi 
Ontario,  Quehec,  New  Brunswick,  Nova  .Scotia,  Princci  Edward  Island, 
British  Columbia,  and  Manitoba  ;  of  the  Northwest  Territory  and  of  tlit; 
Island  of  Newfoundland.  Revised  and  extended  edition  brought 
down  to  1888.  By  W.  A.  Withrow,  i>.n.,  k.k.s.,  Can.  Torcmto:  W. 
Briggs,  1888.  Largo  8vo,  pp.  680,  with  mai)s  and  p<n'traits  of  the 
Queen.  Lord  Duii'erin,  etc. 

This  is  the  only  Canadian  work  that  gives  a  readable  and  generally  accurate 
history  of  the  several  countries  comprising  the  Dominion  from  their  settlement  to 
the  present  time.  The  author  gives  an  account  of  tlie  gi-owth  of  the  i)riu(ipl(ss  of 
civil  lilterty  in  the  jirovinces  and  of  the  development  of  tlie  present  Canadian  con- 
stitution, with  judicial  imiiartiality,  though  there  is  no  evidence  in  tlie  work  of 
original  research  or  any  attempt  made  to  throw  new  light  out'ontroveried  point.nof 
Canadian  constitutional  history.  The  author  has  written  a  successful  popular 
history  and  has  not  promised  or  attempted  more. 

History  of  Prince  Edward  Island.  By  Duncan  Camid)ell.  Charlr»tt«!- 
lown:  Brenner  Bros.,  1875.     12mo,  pp.  224. 

A  short  history,  accurately  narrating  the  struggles  for  resjionsible  government 
in  the  little  island. 

In  addition  to  the  works  cited  above  the  writer  may  also  refer  to  a  chapter 
on  responsible  government,  sketchy  but  readable,  inthesecondvolunie 
^chap.  xii,  pp.  3(59-391)  "Exodus  of  the  Western  Natijns,"  ])y  Lord 
Bury  (2  vols.,  8vo.,  Loudon,  186.5). 

Numerous  references  are  made  to  the  events  that  preceded  and  followed  the 
Upper  Canadian  rebellion  of  1837,  and  to  the  support  given  by  Rev.  Dr. 
Ryeison  to  Lord  Metcalfe  iuoi»}tosing  political  appointments,  in  "The 


398  AMERICAN   HISTORICAL   ASSOCIATIOX. 

Story  of  My  Life/'  l»y  Rev.  Dr.  Ryerson  (Toronto,  8vo,  1883).  The  bid- 
tories  of  the  maritime  provinces  of  Canada  are  defective,  in  so  far  as 
they  do  not  contain  iiny  coherent  and  valnal)le  narrative  of  the  strng- 
gU's  for  ics]>onsildt^  government.  Murdoch's  History  of  Nova  Scotia 
(3  vols.,  Svo,  Halifax,  N.  S.,  1865-18()7)  is  brought  down  only  to  1827, 
and  whilt^  it  marks  the  establishment  of  repieseutative  institutions  in 
Nova  Scotia  in  I7r)8,  and  fcdlows  tlie  political  development  of  the  pro- 
vince for  seventyyears  later,  we  have  at  the  best  only  a  meager  chron- 
icle of  facts,  without  a  single  <omment  on  their  infltience  on  the  condi- 
tiou  of  the  people.  In  the  second  voluniooi  Judge  Haliburton's  readable 
History  of  Nova  Scotia  (2  vols.,  8vo,  Halifax,  N.  S.,  1829)  there  is  a 
chapter  on  colonial  government,  but  it  is  only  "a  brief  outline,"  a^^ 
the  author  himself  admits.  The  later  history  of  responsible  govern- 
ment in  the  provinces  by  the  sea  lias  yet  to  be  written  for  the  student 
and  ])«-ople.  Campbell's  History  of  Nova  Scotia  (8vo,  Halifax,  N.  S., 
ami  Montreal,  1873)  is  not  much  more  than  a  dull  narrative  of  material 
development.  Some  valuable  observations  on  the  political  i)rogres8  of 
Cana<la  under  responsible  government  are  made  throug}iout  the  first 
volume — tlie  second  was  never  pub]isl;ed — of  "C(mfederation,  or  tlie 
Political  and  Parliamentary  History  of  Canada,  from  the  C(mference 
at  Quebec  in  October,  1864,  to  the  admission  of  Britisii  Columbia  in 
July,  1871,"'  by  Hon.  J.  H.  Gray,  m.  r.,  who  was  himself  a  member  of 
the  conference. 

III. — COXSTITrXIOX   OF   CAXADA    SINCE    CONCESSIOX   OF   RESPONSIHLE   GOV- 

EUXMENT. 

Parliamentary  Debates  on  the  subject  of  the  Confederation  of  the  British 
North  American  Provinces,  third  session,  eighth  Provincial  Parlia- 
ment of  Canada.  Printed  by  order  of  the  legislature.  Quebec:  Hun- 
ter, Rose  &,  Co.,  Parliamentary  Printers,  1865.  Large  8vo,  pj).  ix -f 
1031. 

This  volume  contains  the  official  report  of  the  debates  in  the  old  legislature  of 
Canada  that  pret'odcd  the  final  adoption  of  the  federal  resolutions  of  the  Quehec 
Couierenoe  of  1864.  We  have  here  tlie  speeches  of  the  leading  men  of  tliat  prov- 
ince in  relation  to  the  scheme  of  union,  and  are  ahle  to  gather  their  opinions  as  to 
the  ])ractical  oiieratiou  of  tliat  system  of  responsible  government  of  which  eon- 
federation  was  the  capstone. 

C«mstitution  of  Canada:  the  British  North  America  Act,  1867;  its  inter- 
pretation, gathered  from  the  decisions  of  courts,  the  dicta  of  Judges 
and  the  opinions  of  Statesmen  and  others;  to  wliiidi  are  added  the 
Quebec  Resolutiims  of  18t>4  and  the  Constitution  t>f  the  United  States. 
By  Joseph  Doutre,  Q.  C,  of  the  Montreal  Bar.  Montreal,  John  Lovell 
&  Sou,  1880.     8vo  + pp.414. 

This  worV:  is  now  of  little  value;  at  the  best  it  was  a  hasty  collection  of  legal 
decisions  bearing  on  certain  sections  of  the  British  Nortli  America  xlet.  The 
appearance  of  later  works  on  the  same  line  has  necessarily  made  it  out  of  date. 

The  Powers  of  Canadian  Parliaments.  By  S.  J.  Watson,  Librarian  of  the 
Parliament  of  Or^ario.  Tonmto:  Carswell  &  Co.,  1880.  12mo,  pp. 
xii-l-160. 

This  treatise  is  intendetl  to  show  that  tlie  present  legislatures  of  Ontario  and 
Quebec  "are  the  political  heirsat-law  of  the  old  historical  parliaments  of  Upper 
and  Lower  (.'anada,  and  of  the  late  province  of  United  Canada." 


PARLIAMENTARY  GOVERNMENT  IN  CANADA — BOURINOT.    399 

Are  Legislatures  I'arliimicnts?  A  Study  and  Review.  By  Feiininf^s  Tay- 
lor, Deputy  Clerk  oftheSenateofCanada.  Montreal :  John  Lovell.  1879. 
12mo,  It]}.  208. 

This  volume  is  ■written  from  a  point  ot'  view  quite  dift'erent  from  that  of  the 
foregoing  book.  It  ia  intended  to  minimize  llie  ]i<>\vers  and  functions  of  the  loeal 
legislatures  in  the  Canadian  federation.  It  is  largely  based  on  fallacious  or  jturely 
theoretical  premises. 

Parliamentary  Government  in  Canada.  A  lecture  read  before  the  Law 
School  of  Bishop'.s  College,  Sherl)rooke.  By  C.  C.  CoHiy,  M.  F.  Mon- 
treal: Dawson  Bro.s.,  1886.     12nio,  pp.  57. 

This  lecture  i.s  a  lucid  exposition,  in  small  compass,  of  the  leading  principles 
that  g\iido  the  ojH'nition  of  resjiDnsiblc  govcninnnt.  The  author  w,as,  for  many 
years,  in  the  Canadian  parliament,  and  was  exceptionally  qualified  to  write  intel- 
ligently on  the  subject. 

Parliamentary  procedure  and  i)ractice,  with  areviewof  the  origin,  growth, 
an<l  operation  of  parliamentary  institutions  in  theDouiinion  of  Canada, 
and  an  appendix  containing  the  British  North  America  act  of  1867. 
and  amending  acts,  governor-general's  commis.sion  and  in.structions, 
forra.s  of  proceedings  in  the  Senate  and  Hou.se  of  Commons,  etc.  By 
John  George  Bourinot,  c. >!.<;.,  LI..D.,  D.c.r..,  Clerk  of  the  House  of 
Connnons  in  Canada.  Second  edition,  revised  and  enlarged  Montreal; 
Dawson  Bros.,  1892.     8vo,  pp.  xx+929. 

The  title  of  this  work  sufficiently  show.s  it.s  scope.  Besides  giving  a  short  his- 
torical review  of  <'oiistitutional  government  in  Britisli  Xorth  America,  it  doses 
with  a  chapter  on  the  practical  operation  of  the  Canadian  system  which  has  been 
for  the  most  part  reprwluced  in  the  .second  part  of  thismonograpli. 

A  manual  of  the  ccmstitntional  history  of  Canada  from  the  earliest  period 
to  the  year  1888,  including  the  British  North  America  act,  1867,  and  ;i 
digest  of  judicial  decisions  <m  <piestions  of  legislative  jurisdiction.  By 
John  George  Bourinot,  i,i..i>.,  F.R.S.,  Can.,  Clerk  of  the  House  of 
Commons  of  Canada.  Montreal:  Dawson  Bros.,  1888.  12mo.  ]>p.  xii 
+238. 

This  little  volume  is  an  abridgment  of  the  historical  j)arts  of  the  foregoing 
volume  and  is  used  by  students  in  Canadian  universities. 

Federal  Government  in  Canada.  By  .John  George  Bourinot.  LL.n.,  clerk 
of  the  House  of  Commons  of  Canada.  Johns  Hopkins  University 
Studies  iu  Historical  and  Political  Science.  Seventh  Series.  Nos.  x, 
XI,  XII.     Baltimore,  Md.,  1889. 

In  the  third  paper  ef  this  series  there  are  comparisons  madebetweenthediver.se 
systems  of  legislation  and  government  in  vogue  in  Canada  and  the  United  States 
from  a  practical  point  of  view. 

Parliamentarj'  Government  in  the  British  Colonies.  By  Alpheus  Todd, 
Librarian  of  Parliament,  Canada,  author  of  Parliamentary  Government 
in  England.     Boston:  Little,  Brown  &,  Co.,  1880.     8vo,  pp.  xii-|-607. 

In  this  book  the  able  author  explains  the  opisration  of  "  jiarliamentary  govern- 
ment iu  furtherance  of  its  application  to  colonial  institutions."  It  is  a  valuable 
supplement  of  his  larger  work  on  parliamentary  goviTnmeiit  in  England  mentioned 
above.  It  directs  particular  attention  to  the  political  functions  of  tlio  itowu.  of 
whose  prerogatives,  within  the  legitimate  lines  of  the  constitution,  Dr.  Todd  was 
a  strong  supporter. 

The  Constitution  of  Canada.     By  J.  E.  C.  Munro,  of  the  Middle  Temple, 

..  .  i 


400  AMERICAN   HISTORICAL   ASSOCIATIOX. 

barrister  at  law,  professor  of  law,  Owens  College,  Victoria  University,. 
Caiul»ridge.     At  the  University  Press,  1889.     8vo,  xxxvi-f-y56. 

This  work,  useful  as  it  i.s  for  its  analysis  and  abstracts  of  statutes  and  docu- 
ments relatinj;  to  tlie  Canadian  constitution,  lias  tlie  defects  of  a  treatise  written 
by  an  Englishman  wbo  obtains  all  his  knowledge  of  colonial  institutions  from 
books  and  has  had  no  opportunities  of  a  i)ractical  insight  into  tlifir  actual  oper- 
ation. Had  it  been  submitted  to  a  Can.idian  conversant  with  the  subject,  just  as 
Prof.  James  Bryce  availed  himself  of  the  positive  knowledge  of  eminent  Ameri- 
cans in  the  preparation  of  his  great  work  on  the  American  Commonwealth,  this 
book  on  Canada  would  be  more  accurate  and  intelligible. 

Documents  illustrative  of  the  Canadian  constitution,  edited  with  note? 
aud  appendices.  By  William  Houston,  M.  a.,  lihrarian  to  the  Ontario 
legislature.     Toroiit<t:  Carswell  &  Co.,  1891.     8vo,  pp.  xxii+338. 

By  the  aid  of  this  collection  of  otHcial  and  legal  documents  the  student  will  be 
able  to  t-ace  out  authoritatively  and  positively  the  most  ini]>ortant  stages  in  the 
evolution  of  parliamentary  government  in  British  Xorth  America.  The  notes  are 
full  and  accurate. 

Colonies  and  Dependencies.  By  J.  S.  Cotton  and  E.  J.  Payne.  English 
Citizen  Series.     London:  McMillan  &  Co.,  1883.     12rao,  pp.  164. 

This  little  work  contains  a  historical  sketch  of  the  colonies,  a  review  of  the  rela- 
tions between  them  and  the  jiarent  state,  and  a  chapter  on  colonial  government, 
which  is  full  of  errors.  For  instance,  the  province  of  Quebec  is  given  a  legislature 
witii  two  houses,  both  elective,  the  fact  being  that  the  upper  house  has  always 
been  appointed  by  the  crown.  Manitoba  is  said  to  have  no  legislative  assembly, 
when  the  p:ovince  has  h:id  one  f<;r  over  twenty  years.  It  is  the  legislative  council, 
or  upper  house,  that  has  been  abolished  in  that  province.  This  book  illustrates 
the  inaccuracy  of  the  majority  of  English  works  professing  to  describe  institu- 
tions in  Canada  and  other  dependencies. 

The  Government  Hauilbook.  A  record  of  the  forms  and  methods  of 
government  in  Great  Britain,  her  colonies,  and  foreign  countries, 
with  an  introduction  on  the  diifusion  of  popular  government  over  the 
surface  of  the  globe,  aud  on  the  nature  and  extent  of  international 
jurisdiction.  By  Lewis  S«'rgeaiit.  Tiiird  edition.  London:  T.  Fislier 
Unwin,  1890.     12mo,  jip.  viii-(-,544. 

A  work  for  jiopular  reference,  intended  to  exhibit  '•  in  a  summary  manner  the 
principal  foiTiis  and  nietliods  of  government  in  the  various  states  of  the  world." 
Like  all  Euglisli  works  of  a  similar  character  it  is  misleading  in  many  ways 
so  far  as  Canada  is  concerned.  The  privy  council  does  not  necessarily  include  (p. 
114)  lieutenant-governors--  e.r  officio,-  the  present  lieutenant-governor  of  Manitoba 
is  not  a  privy  couniilor.  .  -luio  are  privy  councilors  because  called  to  tlui  cabinet 
before  being  appointed  ',o  a  il-'utenant-governorsiiiii.  To  say  that  the  house  of 
commons  "is  summoned  every  five  years  under  the  great  seal,"  is  a  delusion. 
The  crown  :uust  dissolve  it  in  five  years,  if  not  sooner,  and  the  house  is  elected  by 
ihe  people.  Such  works  sliould  be  revised  by  persons  who  know  something  of  the 
constitution  of  each  country. 

The  Colonial  Year  Book  for  1890.  By  A.J.  V.  Trendell.  c.  M.  G.,  of  the  Inner 
Temple,  with  introduction  by  Prof.  Seeley.  m.  a.  London:  Sampson,^ 
Low,  Marstoii,  Scarle,  and  Rivington.  1890.     8vo,  pp.  xxix-f  7.53. 

This  is  one  of  many  English  publications  in  these  times  going  to  show  the  in- 
terest taken  in  tlie  material  and  jiolitic  al  develop-nent  of  tlie  colonial  dependencies 
ofEiigland.  It  gives  a  short  sketch  <>f  tlie  constitution  of  the  Dominion  and  of 
the  ]>rovinces,  wliicli  calls  for  no  pari iciilar  comment.  The  statement,  however, 
that  the  governor- general  is  assisted  by  a  privy  council  is  somewhat  misleading. 
It  woiild  be  more  correct  to  say  that  he  is  assi.sted  like  the  Queen,  by  a  ministry  or 
cabinet,  who  must  be  members  of  the  Queen's  privy  council. 


PARLIAMENTARY  GoVKKNMKNT  INC\NADA — BOURINOT.    401 

The  Statesman'M  Year  Book  Ibr  1891.  Edited  by  .1.  Scott  Keltie,  librarian 
to  tlie  Royiil  (M'OLrraphir'.il  Society.  Twciity-ei^jhth  annual  publica- 
tion.    London:  ilacMillan  iV  Co.,  1X91.     V2mo,  j>p.  xxviii-fll32. 

Contains  in  a  ft-w  pages  an  accurate  8iiniiu:iry  of  the  political  system  of  the  Do- 
minion of  Canada. 

An  Essay  on  the  (iovcrnnient  of  De]>endt'iicies.  By  Sir  O.  Cornev  all  Lewis, 
K.  c.  B.  Edited,  witii  an  introduction,  by  ('.  1\  Lucis,  of  l?..liol  (,'ol- 
lege,  Oxford,  aud  the  C<donial  Otlice.  London  :  Clarendon  Press,  1891. 
8vo. 

Thi.s  work  of  a  distiuguishcd  English  Htatesman  and  man  of  letters  was  first  piil)- 
lisht'd  ill  1841,  and  ifi  well  dcs<ril>cd  art  "a  systematic  statement  and  diHciisHion  of 
the  various  relations  in  which  (-olonies  may  stand  towards  the  mother  country." 
Sir  George  Lewi.s  ](0.sse.s,sed  eminently  that  practical  common  sense  and  keen  irit- 
ical  faculty  wliicli  make  all  his  writings  valuable  to  the  political  student,  hut 
times  have  changed  since  ho  wrote.  His  work  on  Administrations  of  tireat 
Britain  (London,  18G4)  and  his  Letters  to  Various  Friends  (London,  187(1)  are 
also  of  value  to  the  student  of  the  practical  operation  of  parliam<'ntary  institutions. 

Chapters  on  the  Law  relating  to  the  Colonies,  to  which  is  added  a  topical 
index  of  cases  decided  in  the  privy  council  on  a])peal  I'roni  the  c(donies. 
By  C.J.  Tarring,  of  the  Inner  Temple.  Loudon:  Stevens  ct  Haynes, 
1882.     8vo,  pp.  xiv-f-204. 

This  book  is  here  cited  as  showing  the  legal  and  constitutional  relations  of  the 
colonial  dependencies  to  the  parent  state,  the  laws  to  which  tliey  are  subject,  the 
nature  of  the  office,  powji-s,  and  duties  of  the  governors,  and  the  extent  of  le;.'isla- 
tive  power,  all  of  which  are  subjects  within  the  scope  of  this  monograph. 

The  Colonial  Office  list  for  1891 :  Comprising  hi.storical  and  statistic.il  infor- 
mation respecting  the  coloni;il  dipendencies  of  tJreat  Britain,  an  ac- 
count of  the  services  of  the  officers  in  the  colonial  service,  a  transcript 
of  the  colonial  regulations,  the  customs  tarift"  of  each  colony,  and 
other  information.  Compiled  from  official  records,  by  the  permission 
of  the  secretary  of  state  for  tlie  c(donics,  by  .John  Anderson  and  Sid- 
ney Webb,  of  the  Colonial  Office.  London:  Harrison  &  Sons,  1891. 
With  maps. 

The  title  sufficiently  indicates  the  imjtortance  and  value  of  a  work  necessarily 
accurate  in  all  particulars.  The  digest  of  the  constitutional  system  of  Canada  is 
excellent. 

IV. — THE   CABI.VKT   SYSTEM. 

The  Crown  and  its  advisers;  or  Queen,  ministers,  lords,  aud  commons.  By 
A.  C.  EAvald,  F.  s.  A.,  of  Her  Majesty's  Record  Office.  Edinburgh  and 
London:  W^.  Blackwood  &  Sons,  1870.     12mo,  pp.  222. 

This  work  contains  a  series  of  lectures  prepared  with  the  olyect  of  "extending 
to  my  fellow-countrymen  a  knowledge  of  the  leading  fac.s  and  principles  of  our 
constitution."  It  is  well  worthy  of  a  careful  perusal  by  all  who  are  comnicjicing 
the  study  of  the  English  constitution.  The  elementary  principles  of  responsible 
government  arc  dearly  laid  down . 

The  Institutions  of  the  English  Government:  being  an  account  of  the 
constitution,  pjwers,  aud  procedure  of  the  legislative,  judicial,  and 
administrative  departments.  By  Homer.sham  Cox,  m.  a.,  barrister  at 
law.     London:  H.  Sweet,  1863.    8vo,  pp.  xcii+7.56. 

In  this  work  is  given  a  "general  account  of  the  British  Government,  of  the  jxiw- 
ers  and  practice  of  its  .sever.al  departments,  and  of  the  constitutional  principles 
atl'ecting  them."    It  was  practicallj^  the  forerunner  of  Dr.  Todd's  and  other  works 

S.  Mis.  173 1*0 


402  AMERICAN    IILSTORICAL    ASSOCIATION. 

that  have  sinee  appeared  <iii  thn  adinitiistrativt'  iustitiitions  of  Englaiid.  Chapter 
X  is  on  thf  "  Privy  riMiucil  iiiid  Caliinct  ('(iniipil."'  For  rpsoanli  and  insiuht  into 
(ht^  practical  ojieratiou  ot'  iiailianuntary  jioveruuient  it  in  uiiuh  iul'erior  to  Dr. 
T<Mld's  wfU-known  treatint-. 

History    of   the    Kn<rUsii    Institutions.     By   riiirn*   Vernon   Smith,    m.a. 
Cantab.).     Kivinj^tou's:  London,  Oxford,  and  Ciimbridge,  1x73.     12uio, 
pp.  xiv-f-303. 

An  attempt  to  classify  in  a  vi-ry  fonilensed  fonn  thf  various  institutions  of  the 
Enj^lish  Constitution.  Ciiaiiter  ix.  on  the  fxt-futive.  isdiviilcd  into  several  sub- 
heads, anion<^  which  arf- tin-  '■  Caliinct  <  ■oiiiicil,"  'Political  Parties,"  'The  Min- 
istry," "  Control  of  Parlianu^nt."  "  Power  and  (Irowthof  tlic  f^xecutive,"  etc.  It 
is  useful  to  youn;;  students. 

Fifty  Years  of  the  Enfj^lish  Constitution,  1830-1880.  By  Shehlon  Amos, 
M.A.     London:  Longmans,  Green  &  Co.,  1880.     12mo,  pp.  xxxii+'lOS. 

The  preface  to  this  work  very  truly  says  th.it  it  is  "  no  longer  to  lawyers  and 
law-Vtnoks  alone  that  reference  must  he  had  for  ascertaining  wliat  is  the  mode  of 
government  under  which  the  En;ilish  jteople  live,"  but  rather  "to  the  utter- 
ances of  statesmen,  to  critical  acts  of  j(ul)lic  policy,  to  the  conduct  of  parliament- 
ary mjyorities,  and  to  tlie  assumptions  of  the  executive  •rovernnK  iit."  This 
treatise,  consequently,  treats  the  whole  question  from  a  political  and  ethical  point 
of  view.  The  sections  in  Chapter  ii  (pp.  20(5-4"_'())  give  considerable  insight  into 
the  relations  between  the  crown  and  its  ministers  and  between  the  ministers  and 
the  parliament :  but  tlie  style  of  the  .author  is  far  from  being  lucid  and  he  has  a 
tendency  to  theorize  which  perplexes  the  student. 

Central  Government.  By  H.  D.  Traill,  D.  c.  L.  English  Citizen  Series. 
London:  McMillan  &  Co.,  1881.     12  mo,  pp.  162. 

In  a  popular  and  sketchy  style,  we  have  a  somewhat  useful  essay  on  the  execu- 
tive government  and  on  the  formaticm.  functions,  and  responsibility  of  the  cabinet 
uudei  the  constitutional  system  of  England. 

The  Growth  of  the  p]iiglish  Constitution  from  the  Earliest  Times.  By 
Ed'.vard  A.  Frefiuaii.  m.a..  Hon.  D.  c.  L.,  ll.  D..  etc.  Fourth  edition. 
London :  McMilhm  ^t  Co.,  1884.     12nio,  pp.  xvi+231. 

In  this  suggestive  and  scholarly  di.squisition.  Prof.  Freeman  points  out  the  dis- 
tinctions between  the  law  of  the  constitution  and  "  that  code  of  political  maxims, 
universally  acknovvledged  in  theory,  universally  carried  out  in  practice,"  which 
directs  the  working  of  parliamentary  government.     .See  Cliapter  in. 

A  Short  History  of  Parliament.  By  B.  C.  Skottov.e.  m.  a.(Oxo«.).  London : 
Swan  Sonneuschein,  Lowrey  &  Co.,  1886.     12mo,  pp.  iv-f  339. 

\  book  for  the  general  reader.  The  last  chapter  contains  some  judicious 
remarks  on  cabinet  government. 

Das  englische  Verwaltnugsrecht  der  Gegenwart  in  Vergleichung  mit  deu 
deutscheu  Verwaltnngssystcmen.  3te.  nacli  deutschersystematik  um- 
gestaltete  Anil.     Rudolph  Gneist.     Berlin,  1881. 

The  History  of  the  English  C<m8titutiou.  By  Dr.  Rudolph  Gneist,  profes- 
sor of  law  at  the  University  of  Berlin.  Translated  by  I'hilip  A.  Ash- 
worth,  of  the  Inner  Temple.  Second  edition,  revised  and  enlarged. 
London :  W.  Clowes  &  Sons,  1889.     2  vols.,  8vo,  pp.  xvi-j-437,  vii— .512. 

In  this  exhaustive  work  of  an  eminent  (lermau  scholar  there  are  four  chapters 
(LUI,  Liv,  LV,  LVI.  VOL.  u)  which  should  be  read  on  the  subject  of  jiarlianu'nt- 
ary  government,  since  they  deal  with  the  following  matters:  The  relations  of  the 
Crown  to  Parliament.  Tlie  King  in  Council  and  the  King  in  Parliament.  Origin 
of  Party  Govei-nment.  Constitutional  natui-e  of  the  Cabinet.  Transition  to  the 
modern  ministerial  system.  The  formation  of  parliamentary  parties.  Theory 
and  practice  of  i>arliamentary  jiiirty  government. 


PAKLIAMKNIAHV  G0VEKNMK:;T  IN  CANADA IJOUKINOT.    403 

The  Htndeiits'  iri.st<n\v  of  the  Knj^lish  Piirlianu'iit  in  its  transt'orinationx 
tliroiiicli  a  tliniTsaiid  yoars.  Popular  account  of  the  jirowtli  and  ilcvtl- 
opnifut  (d'tlio  Eiij;lis!i  Constitution,  fiom><(M)  to  IHH~.  My  Dr.  liiidolpli 
Gneist.  Tliird  Knglisli  edition,  l>y  Prof.  A.  H.  Keaiw.  London:  11. 
Grevel  &  Co.,  1SS«).     li'nio,  pp.  xxix+4fi2. 

Thirt  i.s  till'  licst  tiaiml:iti(iii  of  a  work  (Dhs  «'ni:IiHrhr  Pjirlanicnt.  lU'rlin.  I88fii 
showing  all  tlii>  tliriinniilmtsH  of  ( :)'nii^iii  scliularsiiip,  even  in  a  hI  udciits'  maniial. 
From  p.  .'UO  to  p.  :!"•>  tlit-n'  arc  some  ori};inal  .iii;:>:i>stiv<'  rrtlt-i'tions  on  the  relation 
of  tlu^  govjirnment  of  tlio  rfalm  to  parliament,  the  relation  of  the  eahinet  to  i>ar- 
liameiit,  the  eouslnictiou  of  iiarlianieniary  partie.s,  the  evils  of  itarty  jrovern- 
ment.  anil  t  lie  realization  in  Knglaiid  ot  the  coneeiition  of  iiolitnal  liberty  "  iini)ly- 
ing  the  capaeity  of  the  people  to  lejiislale  for  itself,  and  to  euforte  of  itself  its  own 
laws  through  its  own  free  self-government."' 

Le  Gouvernement  et  le  Parlemmt  Hritannifpics:  I. — Lc  Gonvernemrnt; 
II. — Constitution  du  parleni'-nt.  La  I'rocoduro  iiarlcuicntaire.  Parle 
etc.  de  Franciucvilk',  ainien  niaitn^  dcs  Recpu'tes  an  Conseil  d'Etat. 
Paris:  J.  Kotliscluld,  IHXl.  Trois  vols.,  Svo,  xi+594,  viii-f-5(i7,  viii-j- 
575. 

This  is  the  most  exhaustive  work  written  hy  a  Freneh  jiolitieal  student  on  the 
administrative  and  the  i>arlianieiitary  system  of  Kniilaml.  The  first  volume  eon- 
tains  .111  elaborate  and  elear  review  of  tlie  relations  between  crown  and  parliament, 
of  the  j)ositioii  of  the  cabinet,  and  of  tlie  nature  of  ministerial  responsibility. 

The  Government  of  Englau<l;  its  .strneture  and  its  development.  By  the 
honourable  \V.  E.  Hearn,  q.c,  .m.l.c,  Chancellor  of  the  University 
of  Melbourne.  Second  E<lition.  London:  Lonjjmans.  Greene  &  Co., 
1887.     8vo,  pp.  xvi+636. 

This  work  is  not  only  valualile  for  its  thoughtful  review  of  the  evolution  and 
operation  of  ]»arlianientarv  government  in  England,  but  for  tlie  as.sistanie  it  gives 
to  students  of  the  relations  Iietween  the  pa/eut  .state  and  the  colonies  since  the 
growth  of  responsible  government.  On  this  question,  see  Appendix  n.  "Lecture 
on  the  Colonies  and  the  mother  Cotiutry.  " 

On  Parliamentary  Government  in  Enjilauil;  its  origin,  developtnent,  and 
practical  ojteration.  By  Alpheiis  Tiuld,  ll.  d.,  c.  .m.g..  Librarian  of  the 
Parliament  of  Canada.  Second  edition  l)v  liis  son.  London:  Lonjr- 
mans,  Green  &  Co.,  1887.     Two  vtdnmes,  8vo,  pp.  xxx-}-844,  xxvi+OfiL 

The  .'uithor  of  this  elalxu'ate  treatise,  during  the  evolution  of  n'Sponsiblo  govern- 
ment in  ('anada,  after  the  union  <(f  1S41,  devoted  himself  (o  researches  into  the 
practical  operation  of  the  system  in  England,  with  the  view  of  assisting  colonial 
statesmen,  and  the  result  of  his  labors  for  over  a  quarter  of  a  century  is  here 
presented.  It  is  the  most  valuable  contribution  yet  made  to  this  branch  of  polit- 
ical ience.  The  conventions  and  understandings  that  direct  the  workings  of 
responsible  or  pirUameutary  govt^rnment  are  here  set  forth  with  fullness  ami  clear- 
ness. 

The  Law  and  Cn.stom  of  the  Constitntiou.  By  Sir  W.  R.  Anson.  Bart.,  d. 
C.  L.,  of  the  Inner  Temple,  Warden  of  All  Sonls  College.  Oxford,  at 
the  Clarendon  Press,  188t)-1892.     2  vols.,  8vo,  pp.  xx— 330;  viii+494. 

This  work  is  most  useful  to  all  students  oi'  the  Canadi.in  parliamentary  system, 
closelj'  modeled,  as  it  i.s.  on  the  parliamentary  institutions  of  I^ngland. 

How  we  are  governed;  a  handbook  of  the  Constitution,  Government, 
laws,  and  ])ower  of  the  British  Empire.  By  Albany  do  Fonblanque. 
Sixteenth  edition.  I.,t»ndon  aiul  X<'\v  York:  Warne  ct  Co.,  1889.  12- 
mo,  pp.  xii4-20)S. 

A  useful  treatise  for  busy  people  who  have  no  time  to  give  much  study  to  con- 


404  AMERICAN    IIFhTolilCAL    AS.S(3CIATIOX. 

RtitutioiiH.     I.ctttT  V  is  «lfvot(Ml  to  ii  lirief  but  oh'ar  cxjilaiinfidn  of  tin*  responsi- 
bility of  ininist«'rs  aud  offlu'  iiatiin-  ot'thf  cabinet  systctii  of  Kii;^lan<l. 

Introduction  to  the  ►Study  oftlie  Law  of  tlu-  Constitution.     By  A.  V.  I)ict'y, 

B.  c.  I I'  tlie  Inuer  Tcuiplf,  Viuerian  ]»roteH.sor  of  Euf^lisli  law.  etc. 

Third  edition.     London;  MiicMillan  &  Co.,  18!S9.     8vo,  pp.  xiii+440. 

This  is  llif  most  iiotablts  work  on  the  Knglish  ((instiluiion  that  has  apjieariil  of 
late  years  in  En;;lan(l.  Stress  is  biid  "iii>oti  the  essential  distinction  between  the 
'law  of  the  constitution,'  whi(fli,  consisting  (as  it  does)  of  rules  cnforce<l  or  recog- 
nized by  the  courts,  makes  ii]>  a  body  of  'laws'  in  tlie  proper  sense  of  that  term, 
and  tlie  'conventions  of  tlie  constitution,'  Nvhicli,  consisting;  (as  they  do)  of  customs, 
practices,  in.'ixinis,  or  precepts  whicii  are  not  enforced  or  recojjinized  by  the  courts, 
make  uj)  a  body  not  of  laws,  but  of  constitutional  or  political  ethics."     (See  chap. 

XIV.) 

The  Cabinet.     Enoyclopa'dia  Britanuica.     Nintli  edition.     Ediul>ur<rli. 

This  cirefiiUy  prepare<l  article  is  t'rom  the  jx'ii  of  Mr.  Henry  lieeve,  c.  b..  rettistrar 
of  tht^  privy  council  of  Kujiland,  translator  of  De  Tocqueville's  Democracy  in 
America,  and  author  of  several  works  of  value. 

The  Elements  of  Politics.  By  Henry  Sidgwick.  Loudon  aud  New  York: 
MacMillan  ».^-  Co.,  1891.    8vo,  j)]).  xxxii+632. 

In  this  thoughtful  and  suggestive  work  of  a  learned  Englisli  thinker,  imbued 
with  the  spirit  and  thoroughly  conversant  with  the  methods  of  parliamentary 
government,  the  chapter  fin  the  ''Relation  of  Legislatuie  to  Ksecutive"  demands 
the  special  attention  oftlie  stuili'nt  of  ministerial  rcsiioiisibiiity.  The  whole  work 
must  be  carefully  read  as  the  re.sultant  of  the  studies  of  a  dose  and  safe  observer 
of  institutions. 

Political  Science  and  Comi)arative  Constitutional  Law,  By  John  W. 
Biirge-ss,  Pii.  d.,  I'rofessor  of  History  in  Columbia  College.  Boston 
and  London :  Ginn  &  Co.,  1890.    2  vols.,  8vo,  pj).  xx-f  337,  xx-f-404. 

In  this  elaborate  essay  on  ])olitical  science  by  an  eminent  American  scholar, 
there  are  some  purely  theoretical  remarks  on  the  crown  and  the  cabinet  (]>]).  209- 
215).  which  even  the  writer  believes  are  ''crude  and  novel."  and  conseijiiently 
alford  no  assistance  to  tliosi^  who  are  anxious  to  understand  the  practical  operation 
of  the  English  and  American  .systems  of  governnitnt.  It  is  iki  doubt  interesting 
from  the  jioint  of  view  of  s]>eculative  ])olitical  science  to  be  told  that  a  cabinet  in 
the  English  system  "represents  the  majority  (luornm  in  the  legislature,''  and 
this  "  majority  quorum,  chosen  upon  a  ca1)inet  issue,  i.s  the  st.ate;"  but  it  is  hardly 
a  formulation  that  will  bring  about  the  reform  in  the  irresponsible  political  sj-stem 
of  the  United  States  which  Woodrow,  Wilson  and  others,  who  are  at  all  events 
intelligible,  would  bring  about. 

Gesetz  und  Beordnung.  George  Jelleuek  Freiburg.  I.  C.  B.  Mohr..  1887. 
12mo,  pp.  412. 

This  work  is  interesting  to  a  student  of  English  and  Canadian  institutions, 
because  it  is  an  able  disquisition  on  what  the  author  believes--and  justly  in  most 
cases — to  be  encroachments  of  the  administrative  upon  the  legislative  authority 
in  England  and  other  countries.  The  tendency  in  Canada  itself,  nowadays,  is  to 
give  too  much  power  and  influence  to  the  executive  government. 

In  the  foregoing  bibliographical  note.'*  of  this  section  the  writer  has 
cited  only  those  constitutional  and  historical  works  which  show  the 
nature  and  operation  of  the  cabinet  system  of  England,  l»y  whose  princi- 
ples Canadian  ministries  have  been  regulated  since  the  adoption  of 
res])onsible  government.  The  important  and  erudite  works  of  Hallam 
and  Stubbs,  or  the  interesting  treatise  by  Creasy,  or  similar  authorities, 
which  treat  of  the  constitutional  history  of  England  generally,  Jtrenot 
here  taken  into  account,  inasmuch  as  they  have  no  special  comments 


PARLIAMENTARY  GOVERNMENT  IN  CANADA BOURINOT.    405 

on  the  motlern  system  of  ministerial  reHpousibility  to  parliamont 
whicli  will  aid  the  student  iti  the  study  of  the  Canadian  system.  Hut 
it  is  not  necessary  to  add  that  no  student  can  master  the  whole  snh- 
jeet  of  parliamentary  government  unless  he  has  read  these  great  books 
time  and  again. 

V. — PARLIAMKN'TARY    (•(JMPAUED   WITH   CONGRESSIONAL  GOVERNMENT. 

The  English  Constitution  and  otlier  I'olirieal  Essays.  Hy  Walter  Hage- 
hot,  editor  of  the  Loudon  Eeomimist,  ete.  Latest  revised  edition.  New 
York:  D.  Appleton  A.  Co.,  18S«).     iL'nio.  pp.  468. 

This  is  a  rfniarkably  liiri<l  treatise  on  tlie  practical  operation  of  parliamentary 
government,  as  it  is  now  itnileistood  in  Englantl,  and  is  esjiefially  interesting  to 
students  in  Cana«la  iiiid  the  United  States  fioin  the  fait  that  it  was  the  first 
attetnjjt  to  simw  tlie  (h-feets  of  tlie  political  system  of  the  federal  republic  on 
account  of  the  absence  of  a  responsible  cabinet.  It  points  out  the  ela.sticity  of  the 
English  system,  and  the  nature  and  scope  of  the  leading  principles  that  govern  its 
practical  worliing. 

Congressiotuil  Government.  Hy  Woodrow  Wilson.  Boston:  Houghton, 
Mifflin  &  Co.,  188.").     12mo,  pp.  333. 

ITndoubtedly  the  cleare.st  and  ablest  effort  made  by  an  American  writer  on  politi- 
lal  science  to  show  the  weaknesses  and  defects  of  the  political  system  of  the 
United  States.  Keplete  with  incisive  ar};uHieut,  it  shows  most  effectively  the 
superiority  of  the  Enniish  or  Canadian  system,  which  makes  a  cabinet  immedi- 
ately responsible  to  parliament  for  legislation  and  administration. 

The  American  C<minu>nwealth.  By  .lames  Bryce,  M.  p.,  n.  c.  i..  I. — Na- 
tional Government;  II. — The  State  Governments — The  Party  System; 
III. — Public  Opinion — Illustrations  and  Redectious — Social  Institu- 
tions. Loudon:  Maemillau  &.  Co.,  1888.  3  vols.,  8  vo.,  pp.  xxvii -4- 
551,  is.  +  683,  ix  +  699;  with  a  map  to  illustrate  the  growth  of  the 
United  States. 

This  well-known  work  is  the  ablest,  most  thoughtful,  and  most  comprehensive 
that  has  yet  appeared  iu  any  language  on  American  Institutions.  The  chapters 
on  the  Ciibiuet  (vol.  i,  chap.  i.\),  on  the  committees  of  congress  (vol.  I,  chap.  XV), 
on  congressional  legislation  (vol.  i,  chap.  XVl).  on  congressional  finance  (vol.  t, 
chaj).  xvii),  and  on  tile  legislature  and  executive  (vol.  I,  chap.  ,\XI),  especially  de- 
mand the  careful  study  of  those  who  wish  to  compare  the  working  of  the  English 
or  Canadian  system  with  that  of  the  United  States. 

Canadian  Studies  iu  Comparative  Politics:  I. — Canada  and  England;  II. — 
Canada  and  the  United  States;  III. — Canada  and  Switzerland.  By 
John  George  Bourinot.  c.  m.  g..  ll.  d.,  d.  c.  l..  Clerk  of  the  House  of 
Commons  of  Canada.  Trans,  of  the  Roy.  Soc.  of  Canada,  vol.  viii, 
sec.  11 ;  also  Montreal:  Dawson  Bros.,  1891.     4to.,  ])p.  92. 

In  these  three  papers  the  author  bas  attemjjted  to  show  the  origin,  the  develop- 
opment,  aiul  the  nature  of  the  p<ditical  constitution  of  Canada,  and  to  compare  if, 
'not  only  with  the  political  institutions  of  ICnglaud  and  of  the  United  State.s — the 
countries  in  which  Canada  has  naturally  the  deepest  interest— but  also  with  those 
of  the  little  federal  republic  of  Switzerland,  wher'3  local  government  has  existed 
in  some  form  for  many  centuries. 

Canada  and  the  United  States ;  A  Study  in  Comparative  Politics.  By  J.  G. 
Bourinot.  Annals  of  the  American  Academy  of  Political  and  Social 
Science,  vol.  i.  No.  1.  .July,  1890,  Philadelphia. 

This  essay  is  a  condensation  of  the  seciuid  paper  in  the  foregoing  work.     It 
was  also  published  in  the  Scottish  Keview,  July,  1890. 


406  AMERICAN    lilSTOKICAL   ASSOCIATKJN. 

Tlie  British  versus  tlu;  American  SyBtem  of  Nationjil  (Joverninent.  By  A. 
H.  T.  Lefroy,  M.  A.  (Oxoii),  Barrister-at-Iiiiw.  Toronto:  Willianisim 
&  Co,  IKftl.     12  mo..  p]i.  12,  jia])er. 

A  frciitisf  slutwinj;,  liricHy  liiit  clfarly.  tin-  (li«a<lvantagf'.sr»f  tlip  Unitctl  Statt'S 
Hvsteni  iw  cuiupartHl  with  tlu^  English  or  Caimdiau  mi-tlioils  of  larliaiuentary  j^ov- 
t';nm«'iit. 

Con/jress  and  tlio  CaMiict.  By  (iamalid  Bradford,  in  tlu'  Annals  of  tlie 
AitHTJcaTi  Academy  ni'  rniitital  and  Social  Science,  vol.  Il,  November, 
1891,  Philadelphia. 

Should  h(>  read  in  fonnt'ction  with  Woodrow  Wilsnn'n  work.  It  <;i^<***  a 
Hiicciiict  account  of  tlie  I'utilc  otl'ort  niudi'  in  con;;rcHs  in  1881  to  give  the 
]irincipal  ofBccrs  ol'  tht-  executive  departments  a  seat  on  the  floor  of  the  two 
houHes. 

The  Place  of  Party  in  the  Political  System.     By  Anson  I).  Morse.     Ihiil. 

Sliow.s  that  despite  its  inherent  defect.s,  the  party  system  "constitutes  an 
informal  but  real  and  powerful  primary  organization  in  the  political  government 
of  a  I'ountry." 

'Essays  on  (Jovernment.    By  A.  Lawrence  Low»'ll.     Boston  and  New  York: 
Honjrhton,  Mifflin  &  Co.,  1889.     12  mo,  pp.  229. 

The  tirst  essay  is  on  "  Cabinet  IJespoiisihility  and  the  Constitution."  and  ia 
intended  to  eouibat  I'rof.  Woodrow  AVilson"s  arguments  in  the  worli, just  cited; 
but  the  efl'ovt  is  not  emiiii'iitly  successful. 

A  Defense  of  Congressional     Government.      By  Dr.   Freeman   Snow,  of 

Harvard  University.     Papers  of  the  American  Historical  Association 

for  July,  1890. 

This  able  paper  is  fully  criticised  in  the  third  part  of  this  monograph. 
The  National    Honse  of  Rei>resentatives;  Its  Crowing  Inefficiency  .is  a 

Legislative  Body.      By  Haunis  Taylor.     Atlantic  Monthly  (Boston), 

June,  1890. 

This  is  a  thoughtful  essay  by  the  aiithor  of  an  excellent  eonstitntional  history  of 
pjuglaiid.  the  first  volunie  of  whicli  only  lias  yet  appeared.  He  recognizes  f  hi' neces- 
sity of  giving  the  cal)iin-t  at  Washington  "  the  right  to  a  place  and  voice  in 
each  house,  with  the  right  to  offer  in  each  such  schemes  of  legislation  as  it  might 
see  fit  to  advocate." 

The  Speaker  as  Premier.  By  Prof.  A.  Bushnell  Hart  (Harvard).  Atlan- 
tic Monthly  for  March,  1891. 

In  this  essay  the  writer  attenijits  to  jirove  that  the  speaker  of  the  house  of  rep- 
resentatives "  is  a  recognized  political  chief,  a  formiilator  of  the  policy  of  his 
party,  a  legislative  i)reniier,"  and  even  ventures  the  opinion  that  "he  is  likely 
to  become,  and  perhajys  is  already.  Tuore  powerful,  both  for  good  and  for  evil,  than 
the  president  of  the  United  States."  Dr.  Hart  also  appears  to  believe  in  the 
usefulness  of  the  system  of  legislation  by  congressional  committees. 

Government  in  '^Janada;  the  Principles  and  Institutions  of  our  Federal 
and  Provincial  Constitutions.  The  B.  N.  A.  Act,  1867,  compared  with 
the  United  States  Constitution,  with  a  Sketcli  of  the  Constitutional 
History  of  Canada.  By  D.  A.  O.  Sullivan,  M.  a.,  d.  c.  l.  Second 
edition,  enlarged  and  improved.  Toronto:  Carswell  «fe  Co.,  1887.  8vo, 
pp.  xx4-  344. 

A  carefully  prepared  treatise  on  the  Canadian  Constitution,  written  largely 
from  a  purely  legal  standpoint. 

Etudes  de  Droit  Constitutioiuiel,  France,  Angleterre,  Etats-Unis.  Par  E. 
Boutmy,  membre  de  I'Institut,  directeur  de  I'Ecole  libre  des  sciences 


PARLIAMENTARY  GOVERNMENT  IN  CANADA BOUKINOT.    407 

]»oliti(iu»'H.     Socoiid    <^(liti<Mi.     Paris:   Lilmiiri*' rion.  1888.     12inn,  pp, 

iv4.  345. 

In  t)ils  work  of  an  astuto  ]M)litical  stiiilciit  wp  have  retlt'ctioiis  on  the  weak- 
neHst'8  (if  th«  I'nittd  States  svHtfiii— csjifcially  on  the  diHicnltirM  that  may  ariHB 
from  tho  aliH<'nce  of  iiicanH  of  acronl  tx-fwi'eii  tlit-  ex«'<iitiv«'i  ami  the  l»'pHlativ« 
.lutlioriticM— and  on  tin-  f<iiiii'riority  of  the  iirinciplfM  that  jrovern  the  o|>«'ration  of 
Englis))  iiarlianientary  yovfrnment  and  enable  tht'crown  and  parliament  to  work 
in  harmony. 

The  Ministry.  Hy  John  W.  C'lanipitt,  in  the  Cyclopa-dia  of  I'olitiial 
Science,  Political  Economy,  and  United  States  History,  Vol.  ii,  pp. 
855-857. 

A  short  papt*r  on  the  distinctions  between  the  Enirlish  and  the  Fnited  States 
cabinet. 

The  State;  Elements  of  Historical  and  Practical  History  and  Administra- 
tiou.  By  Woodrow  Wilson,  rn.  d.,  m..  d.,  anth«»r  of  ••('oiif;r«'s«i(itial 
Governiiient."   Bo.ston :  1).  C.  Heath  &  Co.,  is8««.  12iiio.  pp.  xxxvi  -f  r.86. 

Thi.swork  i.s  a  useful  contribution  to  the  jiractical  theory  of  com  jiarative  politics, 
and  is  cited  here  as  {jiving  a  gi'ncrally  accurate  skftch  of  the  developuu'nt  of  the 
cabinet  and  of  ministerial  respimsibility  in  Knglainl,  and  of  tlie  >rovernmtnt  of  the 
colonies.  Some  slijjht  inaccuracies  are  ucrted.  for  instance,  when  the  author  says 
the  governor-general's  veto"  i.-j  almost  neverused."  No  ease  of  the  direct  exercise 
of  the  Veto  in  Canada  has  occurred,  thouijh  bills  are  reserved  for  the  approval 
of  the  queen  in  council,  lie  is  also  mistaken  in  saying  that  tlie  otticers  of  the 
English  House  of  Commons  t]>.  rc'-t)  are  elected  l)otli  in  Canada  and  England.  The 
clerk  and  sergeant-at-arms  are  api>pointed  by  the  crown  and  not  by  the  hou.ses 
themselves.  The  sjieaker  alone  is  elected  by  the  commons,  while  in  the  upper 
chamber  he  holds  his  office  under  the  great  seal. 

Government  and  Administration  of  the  United  States.  By  W.  W.  »k  W.  F. 
\Villonohl)y.  ,I(diiis  Hopkin.-s  University  Siudies  in  Hist.  &  P(d.  Science, 
No8.  I  and  II,  Ninth  series.     1891.     Baltimore:  8vo,  pp.  143, 

The  section  relating  to  the  cabinet  and  executive  departments  of  the  United 
States  is  useful  to  all  students  of  institutions,  and  especially  to  Canadians  who 
wish  to  make  comparisons  between  the  English  and  Canadian  methods  of  administra- 
tion. 

Kin  beyond  Sea.  By  the  Right  Honoralde  W.  E.  Gladstone,  M.  P.  North 
American  Review  (New  York)  for  September-October,  1878;  also  in 
first  volume  of  "Gleanings  of  Past  Y'ears"  (Londoii).  pp.  203-248. 
This  fanciful  title  gives  no  idea  whatever  of  the  scope  <if  a  paper  deeply  inter- 
esting to  the  students  of  constitutional  science.  Mr.  Gladstone  not  only  shows 
that  English  institutions  are,  in  certain  respects,  more  popular  than  those  of 
England's  "Kin  beyond  Sea,"  and  •'  give  more  rapid  effect  than  those  of  the  Union 
to  any  fonned  oj)inion  and  resolved  intention  of  the  nation."  The  comments  on 
the  posititm  of  the  cabinet  in  the  Engli><h  system  are  very  instructive.  It  is  "  the 
three-fold  hinge  that  connects  together  for  action  the  British  constitution  cf  king 
or  queen,  lords,  and  commons."  It  is.  perhaps,  "the  most  curious  formation  in  the 
political  world  of  modern  times,  not  for  its  dignity,  l)ut  for  its  .subtilty,  its  elas- 
ticity, and  its  m.iny-sided  diversity  of  power.  "  It  is  •'the  entire  complement  of 
the  entire  [constitutional]  system,  which  apjiears  to  want  nothing  but  a  thorough 
loyalty  in  the  persons  composing  its  several  parts,  with  a  reasonable  intelligence, 
to  insure  its  bearing,  without  fatal  damage,  the  wear  and  tear  of  ages  yet  to 
come." 

La  Crise  du  Regime  Parlementaire.  Par  A.  D.  Decelles.  Trans,  of  Roy. 
Soc.  of  Can.,  Sec.  i,  1887. 

The  author,  one  of  the  librarians  of  the  Canadian  Parliament,  in  a  desultory- 
manner,  reviews  the  governmental  sy.stem  of  Canada  and  shows  its  superiority  ia 
certain  essential  respects  to  that  of  the  United  States. 


